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2024 Supreme(Ker) 1058

C. JAYACHANDRAN
PRAMOD S/O PRABHAKARAN – Appellant
Versus
SECRETARY, THE SULTANPET DIOCESE SOCIETY – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: SAJAN VARGHEESE K., JOPHY POTHEN KANDANKARY, LIJU. M.P.
For the Respondents: B. PREMNATH, JACOB P. ALEX, SARATH M.S.

Judgement Key Points

The ratio decidendi of the judgment is that a tenant cannot seek an injunction against eviction without fulfilling their legal obligation to pay rent, as non-compliance constitutes an abuse of the court's process. The court emphasized that the fundamental obligation of a tenant to pay rent is a prerequisite for maintaining any equitable relief, such as an injunction from eviction. Failure to pay rent disqualifies the tenant from claiming such relief, as it undermines the very basis of the tenancy relationship and the principles of equity that underpin the grant of injunctions (!) (!) .

Furthermore, the court held that courts possess inherent powers to strike off pleadings or dismiss proceedings where there is clear abuse of process, such as litigating without fulfilling statutory obligations, and this can be invoked even in the absence of specific statutory provisions for such actions (!) (!) . The judgment also underscores that the relationship between landlord and tenant, governed by statutory and contractual obligations, is rooted in the fundamental duty of the tenant to pay rent; neglect of this duty renders continued litigation or protection from eviction unjustified and constitutes an improper use of judicial process (!) (!) .

In essence, the core principle is that the right to seek equitable relief, like an injunction, is contingent upon the tenant's adherence to their statutory obligation to pay rent, and non-compliance can be deemed an abuse of process warranting the dismissal or striking off of pleadings to prevent misuse of the court’s machinery (!) (!) .


JUDGMENT :

C. JAYACHANDRAN, J.

1. A proximate equal of the issues involved in these Original Petitions may be expressed as “perversions of best things to worst abuses” as Milton limned in Paradise Lost.

2. Disquieting is the litigative trend, where a tenant takes the landlord in a law suit seeking protection from forcible eviction - a rhetoric, unaccompanied by a real threat on facts, in many a cases - but without performing his fundamental obligation in law to pay the rent? Is the plaintiff/tenant entitled to an equitable relief of injunction from eviction? Should the suit continue even when the plaintiff/tenant fails to pay the arrears of rent; or whether the same is liable to be aborted by a process known to law? Can pleadings be struck off in such cases as an abuse of the process of the court? Up to what extent, law recognises the tenant’s right to continue in the building, without paying the rent, under the guise of a protective order obtained by alleging a threat of forcible eviction? These are a few questions, which surface for consideration in these Original Petitions.

The bare minimum facts in the three Original Petitions are summarised below:

    O.P. (C) Nos. 2307 and 2309 of 202

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