Tenant Relief: Court Order Offers Pathway to Eviction Amid Ongoing Dispute.


09 October 2024 Civil Revision >> Civil & Consumer Law   |   Landlords & Tenants >> Personal Law  

In a recent legal development, the court addressed a complex dispute between a tenant and a landlord in RC.REV. 415/2019, alongside CM APPL. 59894/2024, which sought to modify a previous order regarding rent and occupancy charges.

The court’s directive allows the petitioner, a tenant, three weeks to submit legible and typed copies of necessary annexures. The primary aim of the application is to seek an extension for the payment of outstanding amounts owed to the landlord, alongside a continuation of the stay order until the next hearing scheduled for November 19, 2024.

The respondent's counsel raised objections, noting that the current request mirrors earlier applications that had already been dismissed. Moreover, the landlord's legal representative highlighted the tenant's consistent failure to comply with prior court orders over a span of five years, including a specific directive from October 31, 2023, to settle overdue charges.

 

 

In a notable twist, the tenant’s counsel revealed that the tenant claims a lack of financial resources to pay the owed amounts but expressed intentions to vacate the premises by December 31, 2024. The court engaged with the tenant’s family, aiming to assess their situation.

To expedite resolution, the landlord's counsel proposed waiving the outstanding use and occupation charges, signaling a willingness to end the ongoing conflict. The court subsequently mandated that the tenant file an affidavit outlining several commitments, including:
Handing over possession of the property by December 31, 2024.
Confirming full control over the premises.
Ensuring all utility bills remain settled until the date of vacating.
Not creating third-party rights or damaging the property prior to leaving.
The court stipulated that failure to adhere to these commitments could lead the landlord to pursue further legal action for possession and recovery of charges.

As the matter is set for further compliance review on November 19, 2024, both parties have been advised to proceed based on the digitally signed order, marking a crucial step toward resolving this long-standing rental dispute.