J&K High Court Rules That Tenants Cannot Dictate Landlord

Srinagar, May 29:  Justice Vinod Chatterji Koul while dismissing the appeal of the tenant and setting aside the trial court judgment by directing to vacate the tenancy premises and hand it over to landlord recorded that the courts must effectively intervene and nip the evil of perjury and false statements in bud.

Justice Koul ruled that where a tenant takes different stand in different courts to defeat the effort of landlord to get the premises vacated at the time of need such an effort must be curbed down by the courts effectively by binding him with his earlier statement in respect of the same premises and his plea of raising a dispute in respect of the rent admitted by him should not be heard and entertained.

Court said that the courts have ruled in many judgements that the tenants cannot dictate upon landlord’s personal need of the tenanted premises while making meticulous comparison and assessment of the comparative advantages and disadvantages of landlord and tenant.

Court set aside the trial court judgment decree whereby partial eviction from tenancy premises was directed in favour of landlord and allowed the cross appeal landlord by directing the tenant to vacate the shop, and the room in first floor within a period of two months from the date of pronouncement of the judgement and vacant possession shall be handed over by them to landlord.

Justice Koul said, a person cannot be allowed to approbate and reprobate and no party can take stand as per convenience and a party cannot be allowed to withdraw from the admissions made by it in the pleadings in respect of the case.

If the parties are allowed to approbate and reprobate at their sweet will and convenience and take the Courts for a ride, the whole judicial system shall fail. The Courts must effectively check such parties, who take inconsistent stands, according to their convenience. 

 

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