Tuesday, August 24, 2010

No sympathy for habitual rent defaulter: Delhi HC

No sympathy for habitual rent defaulter: Delhi HC


Mon, Aug 23 05:14 PM

New Delhi, Aug 23 (PTI) No sympathy can be shown to a tenant who is a habitual defaulter in paying rent, the Delhi High court has said and asked a business man to vacate the NDMC premises. "Every licensee or allotee and even an unauthorised occupant is obliged to pay the monthly license fee so long as he is using the premises and no undue sympathy can be shown to those who wilfully and contemptuously commit persistent defaults in payment of periodical rents," Justice Kailash Gambhir said in a judgement recently.

"The petitioner(Kumar) was a habitual defaulter in the payment of rents/damages and consequently no amount of discretion can be exercised by this court under Article 226 of the Constitution of India in favour of the petitioner," Justice Gambhir also said. He dismissed a petition filed by one Vijay Kumar who challenged the New Delhi Municipal Council''s decision in rejecting his application for regularisation of allotment under its 1997 policy and the eviction order passed by the Estate Officer.

The Court, however, granted 15 days'' time to Kumar to vacate the premises-UG-40, Palika Place, R K Ashram Marg and asked the civic agency not to take coercive action against him. The court upheld NDMC''s decision refusing to regularise Kumnar''s shop under the 1997 policy and rejected his argument that the civic agency has adopted a pick-and-chose policy while regularising the allotment of shops.

According to NDMC, Kumar was alloted the shop in 1992 for five years and his application for renewal of his licence in respect of his shop was rejected in 1998 on account of non- payment of rents. The petitioner was in arrears of licence fee/rent to the tune of Rs 1,32,431 as on November 15, 2007, the date on which the Estate Officer had passed an order for eviction of the shop, as per NDMC. Challenging the Estate Officer''s order, Kumar had filed a case before the District Judge who dismissed his petition in July 2009 and upheld the Estate Officer''s decision for eviction.


No comments:

Post a Comment