Case Law Details
One half of the lis between landlord and tenant would not reach courts, if tenant agrees to pay the present prevalent market rate of rent of the tenanted premises to the landlord. In that case landlord would also be satisfied that he is getting adequate, just and proper return on the property. But the trend in the litigation between landlord and tenant shows otherwise. Tenant is happy in paying the meagre amount of rent fixed years ago and landlord continues to find out various grounds under the Rent Acts, to evict him some how or the other. This case appears to be another classic example of the aforesaid scenario.
Citation – Mohammad Ahmad & Anr. Versus Atma Ram Chauhan & Ors.
Judgement
REPORTABLE
IN THE SUPREME COURT OF INDIA
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This judgement should be widely circulated so that all tenants paying less than thearket rent should start paying market rent.
Its a wonderful judgment pronounced by Apex Court, this will minimise the landlord and tenants litigation all over the country. The freezed rent of years together will come to market rate in states where there is no model rent control act. After so many years the Apex Court has done the correct, which Govt. could not do. This once again prooved that our Courts are much aware of the current situation of the country in comparision to Governments.