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Nikhil SHETTY   29 September 2024

rent agreement

can a tenant take injunction order from court if tenant as not paid rent since for 6 months ...? After refusing notice sent by owner ...


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 September 2024

Single bench of Kerala high court, Justice C. Jayachandran held that a Landlord is the paramount title holder of the tenanted premises and the tenant's right to occupy the same is wholly dependent on his obligation to pay the rent.

It was held that a tenant, who has failed to pay rent, cannot seek protection from the Court against eviction proceedings.

Therefore the tenant's injunction suit will not be ebntertained under the given circumstances. 

Dr. J C Vashista (Advocate )     30 September 2024

Let the tenant pay his rent before moving to the Court to seek an injunction, before payment of rent no case is made out and/or maintainable.


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