The Hon’ble Kerala High Court in the case of Pramod v. The Secretary, The Sultanpet Diocese Society & Anr., has laid down clear guidelines governing an injunction suit filed by a tenant against his landlord for protection against eviction. A tenant can exercise his lawful rights against unlawful eviction by landlord through filing an injunction suit. However, it is the bounden duty of the tenant to have duly paid rent in the past and also in the present to exercise such rights for protection against eviction. The repercussions of filing an injunction suit even though rent is not paid by the tenant to the landlord are discussed below.
1. A tenant who has approached a civil court for the relief of injunction against action of eviction from his landlord must ensure that he has paid the agreed rent to his landlord which falls due in the month of filing the case i.e., the rent pertaining to the month previous to that of filing the case. Also, even after filing the case, the tenant must continue to pay rent to his landlord i.e., even though litigation is pending between the landlord and tenant, he must continue to pay rent.
2. If the agreed rent is not being paid by the tenant to the landlord, the tenant must provide clear reasons / justifiable reasons as to why he has not been paying rent.
3. These guidelines are not only applicable in a case for injunction instituted by the tenant against the landlord for protection against eviction, but also in eviction proceedings initiated by the landlord against the tenant, where tenant being a defendant files an application for injunction against forcible eviction.
4. In a suit for injunction, if the courts are satisfied that the tenant has been paying rent and if the tenant makes out a valid case that he is a tenant (e.g., by producing rental agreement, electricity bills, water bills, telephone bills, gas bills etc. to show that he is in valid possession), courts usually grant ex-parte ad interim order of injunction restraining eviction of the tenant. Ex-Parte ad interim orders of injunction refer to those orders which are granted on the first date of hearing itself i.e., before notice is issued to opposite parties / Defendants i.e., landlord in this case.
5. In a suit for injunction, if the tenant states that rents are not being paid to the landlord and provides a reasonable explanation for the same, if the court is satisfied with the explanation being offered by the tenant for non-payment of rent to be genuine, courts usually pass ex-parte ad interim orders of injunction restraining eviction by landlord as explained above. At this stage, as a general rule, courts usually adopt a liberal standard while adjudging matters.
6. Also, after hearing both sides, if the court is of the opinion that the tenant has not paid the agreed rent duly to the landlord, then the court can direct the tenant to pay the arrears of rent within a fixed time frame. Also, in cases where, the tenant has not provided sufficient justification for non-payment of rent, the court can order the tenant to pay the arrears of rent within a fixed time frame.
7. In the above said instance, i.e., after granting of time by the Court for deposit of rent, if the tenant fails to make such deposit, the interim order of injunction shall be vacated immediately. The Court may grant further time for deposit of rent but the interim order of injunction shall stand vacated.
8. If the tenant deposits the rent within the fixed time period, then the interim order of injunction shall stand revived. Further, the tenant has to provide an undertaking that he shall pay future rent without fail.
Comments