September 24, 2018:

There is no inherent right in citizens of this country, who are tenants, to violate the law by overstaying in the premises where the tenancy stands terminated, Bench remarked.

Delhi High Court Bench of Justice Valmiki Mehta was hearing  Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant/tenant impugning the Judgment of the Trial Court whereby the trial court has awarded mesne profits for the period at the rate of Rs. 75/- per square feet, per month for the ground floor and Rs. 65/- per square feet, per month for the mezzanine floor as opposed to the agreed rate of rent of Rs. 31.51/- per square feet, per month for the ground floor and Rs. 26.28/- per square feet, per month for the mezzanine floor.

The trial court has also awarded interest on the decretal amount at 9% per annum.

The tenancy of the appellant/defendant had commenced in 1986 and the same was terminated vide Legal Notice in 1998. Appellant/Defendant has in the meanwhile, during the pendency of the suit, for possession and mesne profit handed over possession of the tenanted premises to the  respondent/plaintiff/landlord in 1999.

Hence Trial Court awarded Mesne Profit for a period for one year as the Tenant overstayed by more than a Year.

Tenant took a stand that the Mesne Profits awarded are too high.

On this note Hon'ble Justice Mehta observed-

''I fail to understand the attitude of tenants who despite termination of the tenancy, insist on continuing possession of the  tenanted premises, and thereafter, come shouting to courts seeking reduction of mense profits, whereas, if the occupation of premises were not convenient and the mesne profits were not to be paid, then why would the tenants not immediately vacate, as per time period provided in law, on receiving the notice of termination of tenancy.

There is no inherent right in citizens of this country, who are tenants, to violate the law by overstaying in the premises where the tenancy stands terminated.''

High Court, Tenants have no inherent right in this country to violate the law by overstaying once the tenancy stands terminated, Read Judgement (Downloadable PDF)

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