Rent control bonfide case - what can i do?
Sumit Kapila
(Querist) 12 January 2012
This query is : Resolved
Hello Gentlemen,
I filed a case against my tenant under the bona fide category, I won in the H’ble Lower court in 2010, and tenants’ petitions were also dismissed in both H’ble High Court and H’ble Supreme Court. In addition, couple of months before the final judgment from the High Court, we got an order based on Atma Ram Properties (P) Ltd. vs. Federal Motors Pvt.Ltd., (2005), which ordered the tenant to pay sum of Rs. 25,000 per month from the date of passing of the impugned eviction order till the disposal of this petition, in case of default, the petitioner shall become liable to be evicted forthwith. Till date we haven't received a dime. And, when the final outcome was decided in H’ble High Court the judgment just simply dismissed my tenant’s petition, as there was no infirmity found in the H'ble Lower Court orders). However, the orders did NOT say anything about the arrears (tenant did not ask for any time to vacate either, funny). Immediately, my tenant filed a petition in H’ble Supreme Court, and below are the orders, his petition was again dismissed, and still the order say nothing about the arrears. Can I get the eviction orders based on non payment of arrears even though H’ble Supreme Court has given my tenant one year to vacate, please see below? Your expert suggestions/comments will be very much appreciated and highly regarded. Thanks,
Sumit Kapila
H’ble Supreme Court Order, Came in today:
We find no ground to interfere with the impugned
order. The Special leave petition is dismissed.
However, as prayed for, one year's time is granted
for vacating the premises upon filing usual undertaking
in the Registry of this Court within four weeks from
today.
Devajyoti Barman
(Expert) 12 January 2012
What is the judgement of the trial court?
In the instant circumstance it is trial court which subsists without any modification.
So if the decree is silent about arrears rent you can do nothing. Else you can recover it but can not evict him one year.
Sumit Kapila
(Querist) 12 January 2012
Thanks for your speedy response Mr. Barman, really appretiate that. The trial court judgement was in our favour, and directed the tennant to vacate the shop within six months, during which time tennant filed a petition in the H'ble High Court, we won there too.
So even if we have seperate H'ble High Court orders for the usage charges i.e. Rs. 25,000 per month from the date of trial court judgement, if you may call it that way, we cannot secure eviction orders against my tenant?
Thanks,
Sumit Kapila
Sumit Kapila
(Querist) 12 January 2012
Sorry, one more clarification. The trial court dismissed my tennant's leave to defend and found our bona fide need justified. High Court orders just stated the facts of the case and dismissed my tennants petition stating that there was no ifirmity in trial courts judgement. It was couple of months before the final judgement of the H'ble High Court when the H'ble judge asked if the tenant would like to continue the petion on merits or would he like to withdraw and compromise. The tennant chose to fight and that is when the usage charges were laid on the tennant. The six months period expired in 2010 itself.
Thanks,
Sumit Kapila
Devajyoti Barman
(Expert) 12 January 2012
Ok, since the order of the high court remain unchallenged you can execute the recovery of arrears amount if not eviction before one year.
Raj Kumar Makkad
(Expert) 12 January 2012
You have rightly been advised leaving no scope for me to add anything.
Sumit Kapila
(Querist) 12 January 2012
Thanks Gentlemen.
However, based on the H'ble Supreme Court judgement in Atma Ram Properties (P) Ltd. vs. Federal Motors Pvt.Ltd., (2005), we are entitled for the usage charges and the High Court clearly indicated that if the tennant defaults he is liable to be evicted, please see below my orders
High Court order exerpt:
Learned senior counsel for the respondent-landlord says that as a condition for stay of execution of the impugned eviction order, if at all this Court is inclined to grant that relief the petitioner-tenant is directed to pay charges for use and occupation of the tenanted premises at the present market rate keeping in view the decision of the Hon'ble Supreme Court in ?Atma Ram Properties (P) Ltd. vs. Federal Motors Pvt. Ltd.?, (2005) 1 SCC 705. He also says that the present day market rent of the two shops in question would be around ` 50,000 per month. Counsel
for the petitioner-tenant while not disputing that he is not liable to pay charges for use and occupation over and above the agreed contractual rent says that the market rent of two shops would not be more than 10,000 per month.
Page 1 of 2
Without going into detailed enquiry as to what would be the present rent of the premises in question, which are stated to be in Old Delhi, a prime commercial area these days in Delhi, I direct the petitioner to pay to the respondent-landlord charges for use and occupation @ ` 25,000 per month from the date of passing of the impugned eviction order till the disposal of this petition. This would be a condition of stay of dispossession of the petitioner-tenant from the premises in question. The
arrears shall be cleared within a month and from September, 2011 onwards the aforesaid amount shall be paid to the respondent on or before 7th of each month. In case of default, the petitioner shall become liable to be evicted forthwith. The amounts paid by the petitioner shall be subject to the final outcome of the revision petition. This application stands disposed of accordingly.
My comments follow:
Can we approach the H'ble Supreme Court with the above orders? Also, would this one year extention automaticallly means he has to pay the rent decided by the H'ble High Court i.e. Rs. 25,000 per month for the next one year as well?
My tennant has no intetion of paying me the arrears,and let say if I send him a notice to pay and he still doesn't pay. do I have to fight another case with him for years to come?
Thanks,
Sumit Kapila
Raj Kumar Makkad
(Expert) 13 January 2012
You can definitely approach Hon'ble Supreme court of India in the light of judgment ibid to put your case under legal provisions.
M/s. Y-not legal services
(Expert) 13 January 2012
we have to appreciate your knowledge in law.. really its good one for looking., keep it sumit kapila sir..
-tom-
Devajyoti Barman
(Expert) 13 January 2012
What you wish to know is totally silent in the order of the supreme court.
Since it is the last order and final order for anything extra you need to go there again for clarification.
Else do as the high court directs.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
If the tenant has not given undertaking in SC the matter will be contested from execution proceedings to way up.
Sumit Kapila
(Querist) 10 February 2012
Thank you very much!
Sumit Kapila
(Querist) 14 February 2012
Hello Gentlemen,
It has been over 4 weeks and my tenant hasn't filled any undertaking in the apex court (I confirmed it unofficially). Can I finally do the jolly dance? Wait, one second thought, my tenant is a very mean spirited person, why would he do that!!!??? Is he planning (or have already) something else, any thoughts?? I checked online, and there is no other case registered so far.
H’ble Supreme Court Order:
We find no ground to interfere with the impugned
order. The Special leave petition is dismissed.
However, as prayed for, one year's time is granted
for vacating the premises upon filing usual undertaking
in the Registry of this Court within four weeks from
today.
As always, your suggestions will be greatly appreciated.
Thanks,
Sumit
