The High Court of Delhi, while dismissing a plea that wanted a blanket waiver on payment of rent and protection from eviction during Covid-19 crisis said that tenants are not suffering from financial hardship alone, even landlords can be financially dependent on rent.
A bench of Chief Justice D N Patel & Justice Prateek Jalan noted that the Court will be “extremely slow to interfere in contractual terms” between landlords & tenants, adding that waiver of rent can't be granted by the Court as payment of rent is based on a contract between tenant & landlord.
While refusing to entertain a plea filed by Advocate Gaurav Jain, the bench said that “It ought to be kept in mind that the court cannot do charity at the cost of others. Charity beyond the law is an injustice to others. If the landlord is entitled to receive the rent/ consideration in accordance with law as per the contractual agreement entered between the parties concerned, then, the court cannot, by a general order of the nature sought by the petitioner, waive such amount".
Declining any relief, the HC noted that “the petition proceeds on the presumption that tenants alone are suffering from financial hardship, or from the economic consequences of the pandemic & consequent lockdown. However, it ought to be kept in mind that even the landlords can be financially dependent on the rent.”
The court underlined that “The powers/discretion for waiving off such consideration (rent) vests first with the landlords, who are contractually entitled to the same” & deprecated the petitioner’s conduct. The court imposed a cost of Rs 10,000 on Jain for “wasting judicial time” & said the plea was “thoroughly misconceived & baseless.”
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