Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Jurisdiction and COVID-19 Impact on Rent Payment - The Rent Controller generally lacks jurisdiction to extend time for provisional rent payments; however, exceptional circumstances during COVID-19, such as lockdowns and business losses, have been recognized as valid reasons for non-payment or delayed payment. Courts have acknowledged the extraordinary impact of the pandemic on tenants' ability to pay rent on time ["Pramender Singh Sehrawat VS Kamal Kanta Verma - Punjab and Haryana"].
Rent Reductions and Force Majeure Claims - Several cases highlight that tenants sought rent reductions or remission citing force majeure clauses and the pandemic's adverse effects. For instance, parties agreed on reduced rent during COVID-19, and courts have accepted such agreements, noting that the pandemic caused financial hardship, justifying rent concessions ["Segrow Bio Technics India Private Limited vs Affordable Infrastructure and Housing Projects Private Limited - Delhi (2022)"]. Some courts have granted rebates, such as 50% rent reductions, recognizing the shared hardship faced by landlords and tenants ["Isherdas Sahni & Bros. VS Impresario Entertainment And Hospitality Pvt. Ltd. - Delhi"].
Legal Recognition of Pandemic as a Valid Excuse - Courts have considered COVID-19 as a valid ground for non-payment or delayed payment, especially when tenants demonstrated that their business was affected by lockdowns and restrictions. For example, tenants provided evidence of business losses and sought time to clear arrears, which courts have generally accepted, emphasizing the genuine nature of their claims ["S.R. BALASUBRAMANIAN vs KRISHNANUNNI - Kerala"], ["Virudhachalam Perunthu Nilay vs The Secretary to Government - Madras"].
Assessment of Rent and Arrears During COVID-19 - Courts have assessed provisional and interim rent based on the circumstances, often including rent pendent lite and arrears, and have directed tenants to deposit assessed amounts, considering the pandemic's impact. Some judgments specify that non-payment during COVID-19 was due to genuine financial hardship, leading courts to grant time or partial relief ["Autoneeds VS Rajeev Sood - Punjab and Haryana"], ["Lala Mathura Prasad Trust (Regd. ) VS Rajiv Kumar - Punjab and Haryana"].
Limitations on Waivers and Force Majeure - Several rulings clarify that COVID-19 may lead to postponement or reduction of rent payments but does not automatically constitute a waiver of rent obligations. Courts have emphasized that force majeure only postpones liabilities unless explicitly agreed otherwise M/S MEHRA JEWEL PALACE PVT LTD vs M/S MINISO LIFESTYLE PVT & ANR. - Delhi_Delhi_CS(COMM)-376_2020 2022_DHC_2023. Negotiations between landlords and tenants during the pandemic often did not result in complete waivers but in temporary adjustments ["M/S MEHRA JEWEL PALACE PVT LTD vs M/S MINISO LIFESTYLE PVT & ANR. - Delhi"].
Analysis and Conclusion:Overall, courts recognize the extraordinary circumstances caused by COVID-19 as valid reasons for tenants' inability to pay rent fully and on time. Many cases reflect agreements on rent reductions or delays, supported by force majeure clauses or mutual understanding. While some courts have granted partial relief or deferred payments, they generally do not endorse outright rent waivers unless explicitly agreed upon. The pandemic's impact has led to a nuanced approach, balancing tenants' hardships with landlords' rights, often resulting in temporary adjustments rather than permanent waivers of rent obligations ["Pramender Singh Sehrawat VS Kamal Kanta Verma - Punjab and Haryana"] ["Segrow Bio Technics India Private Limited vs Affordable Infrastructure and Housing Projects Private Limited - Delhi (2022)"] ["S.R. BALASUBRAMANIAN vs KRISHNANUNNI - Kerala"].
References:- ["Pramender Singh Sehrawat VS Kamal Kanta Verma - Punjab and Haryana"]- ["Segrow Bio Technics India Private Limited vs Affordable Infrastructure and Housing Projects Private Limited - Delhi (2022)"]- ["Isherdas Sahni & Bros. VS Impresario Entertainment And Hospitality Pvt. Ltd. - Delhi"]- ["S.R. BALASUBRAMANIAN vs KRISHNANUNNI - Kerala"]- ["Virudhachalam Perunthu Nilay vs The Secretary to Government - Madras"]- ["Autoneeds VS Rajeev Sood - Punjab and Haryana"]- ["Lala Mathura Prasad Trust (Regd. ) VS Rajiv Kumar - Punjab and Haryana"]- M/S MEHRA JEWEL PALACE PVT LTD vs M/S MINISO LIFESTYLE PVT & ANR. - Delhi_Delhi_CS(COMM)-376_2020 2022_DHC_2023- ["M/S MEHRA JEWEL PALACE PVT LTD vs M/S MINISO LIFESTYLE PVT & ANR. - Delhi"]
The COVID-19 pandemic brought unprecedented financial hardships, especially for tenants facing lockdowns and business closures. Many wondered if there was a moratorium on payment of rent due to COVID. Searches like monotomonotoriumpayment of rent covid reflected the desperation for relief from rent obligations. However, under the Indian judicial system, no statutory moratorium was imposed on rent payments. Courts consistently held tenants liable, rejecting blanket waivers and emphasizing lease terms. This post breaks down key rulings, force majeure considerations, and lessons for landlords and tenants.
Based on analyzed judgments, there was no nationwide or statutory suspension of rent during the pandemic. Courts dismissed pleas for automatic waivers, even amid financial crises or lockdowns. Relief, if any, hinged on specific lease clauses like force majeure, which generally allowed only deferment—not waiver—of payments. Post-lockdown reopening further invalidated such claims.
For instance, in one case, tenants admitted readiness to pay via a legal notice dated 06.11.2020 and deposited Rs.28,563/- on 18.02.2021, undermining their COVID plea: More importantly, when the appellants themselves admit that they had given a Legal Notice on 06.11.2020 showing their readiness and willingness to pay the lease rent amount, then they cannot take plea that they were handicapped due to the COVID-19 pandemic... Ergo, it is manifest that in the instant case, there was no such special handicap, effectuated by the pandemic, on the appellants in complying with the direction to pay 31½ bags of paddy or an amount equal thereto... K. Chinnammal (dead) Thr. Lrs. VS L. R. Eknath - 2023 0 Supreme(SC) 505
Similarly, another ruling clarified: Clause 12 of the Lease Deed does not list an epidemic/pandemic as a force majeure condition. Therefore, the COVID-19 pandemic does not qualify as a force majeure event for seeking waiver from payment of rental dues. Clause 12 of the Lease Deed provides only for deferment of payment of rent in the event of force majeure and not for suspension or waiver in respect thereof. Mehra Jewel Palace Pvt. Ltd. VS Miniso Life Style Pvt. Ltd. - 2022 0 Supreme(Del) 1974 Post-reopening on 19.05.2020, claims failed: It is a matter of fact that the demised premises re-opened on 19th May, 2020. Thereafter, the defendants cannot take the plea of force majeure to shirk away from payment of rent... Mehra Jewel Palace Pvt. Ltd. VS Miniso Life Style Pvt. Ltd. - 2022 0 Supreme(Del) 1974
Tenants often sent letters invoking COVID losses, but courts prioritized lease compliance. In disputes over subtenant defaults, relief was limited to negotiated reductions via emails: It has been argued that on account of the complete lockdown due to the COVID 19 Pandemic, the respondent suffered huge losses... In view of the specific clause, it was agreed between the parties that there would be reduction in payment of rent as is evidenced from the emails dated 16.04.202, 17.04.2020, 23.07.2020... Segrow Bio Technics India Private Limited vs Affordable Infrastructure and Housing Projects Private Limited - Delhi (2022) Clause 14 covered 'act of God' but didn't suspend liability.
Other cases reinforced tenant accountability. In a Malaysian context under the COVID Act, no exemption applied despite rebates for later periods, as tenants showed business continuity without sales reports proving incapacity SHISHI GROUP SDN BHD vs MTRUSTEE BERHAD. Closer to India, a tenant's COVID business loss plea failed for not depositing provisional rent: Learned counsel submits that the petitioner was unable to deposit the amount of rent assessed by the Rent Controller due to losses incurred by her in her business on account of the outbreak of COVID-19 pandemic... The court invoked Supreme Court precedent, leading to eviction Rani @ Kulwinder Kaur VS Kuldeep Singh - 2022 Supreme(P&H) 2039.
The doctrine of frustration didn't apply where obligations could still be met: The doctrine of frustration does not apply where a party is able to fulfill its contractual obligations despite changes in circumstances. SHISHI GROUP SDN BHD vs MTRUSTEE BERHAD
In eviction proceedings, non-payment post-assessment triggered consequences: Section 13(2)(i) of East Punjab Urban Restriction Act, 1949 casts an obligation on Controller to make an assessment of arrears of rent. Failure led to eviction without COVID relief Jagdish Singh Pathania VS Parshottam Kumar - 2023 Supreme(HP) 111. Similarly, cinema closures didn't justify non-payment: It was stated by the appellant-the applicant that nonpayment of the rent from 1.4.2020 was on account of suspension of the activities due to outbreak of Covid 19 pandemic. Courts denied interim revival of leases Time Cinemas And Entertainment Pvt. Ltd. VS Infrastructure And Developers Pvt. Ltd. - 2022 Supreme(Guj) 448.
For Landlords:- Enforce lease terms with default notices.- Pursue eviction for willful non-payment after reopenings.- Document all communications.
For Tenants:- Negotiate deferments via email before defaults.- Gather loss evidence; don't assume judicial moratorium.- Comply with provisional rent deposits to avoid eviction Rani @ Kulwinder Kaur VS Kuldeep Singh - 2022 Supreme(P&H) 2039.
Parties should treat email agreements as binding to sidestep litigation.
Indian courts provided no statutory rent moratorium during COVID-19, prioritizing contractual obligations over pandemic hardships. Tenants generally remained liable, with relief limited to specific lease provisions or negotiations. Key takeaways:- Review force majeure clauses early.- Document willingness to pay.- Seek case-specific advice, as outcomes vary.
This post summarizes general judicial trends from referenced documents and is not legal advice. Consult a qualified lawyer for your situation.
, 2012 (4) CCC 561 has been that the Rent Controller has no jurisdiction to order extension of time as regards payment of provisional rent by the tenant, however, to my mind in none of the aforementioned cases, exceptional and extraordinary impact of Covid-19 pandemic situation ... Having failed to deposit the arrears of rent provisionally assessed by the Rent Controller, followed by passing of the ejectment orders, an effort has been made, calling for interference to those orders while raising an argum....
In the facts in hand, there is a dispute being raised in respect of payment of part rent pertaining to the COVID period for which the liability is sought to be avoided on account of novation/modified terms of rent payment. ... It has been argued that on account of the complete lockdown due to the COVID 19 Pandemic, the respondent suffered huge losses as many subtenants left and were not able to make payment of the rent. ... While the respondent has denied its liability to pay the rent ....
Also, admittedly on account of onset of Covid Pandemic, the defendant has not paid the rent since April, 2020 onwards till it vacated the premises on 10.08.2020. ... COVID-19 Pandemic situation was hostile and self-evident. ... The Coordinate Bench of this Court in the case of Mehra Jewel Palace (supra), granted rebate of 50% rent for this Covid Period observing that this situation cannot be interpreted solely in favour of the tenant as the landlord suffered equal hardship and granted 50% rent....
No Exemption Under The Temporary Measures For Reducing The Impact Of Coronavirus Disease 2019 (Covid-19) Act 2020 (Covid Act) ... The rebates given were for the rent from 1 July 2020 to 30 September 2020 - 35% rebate, and 30% rebate for rent from 1 October 2020 to 31 December 2020. Again, the Appellant has promised to settle all amounts outstanding promptly. ... The Appellant had not further produced sales reports for 2021 to show its contended inability to pay the rent owed. ... The Appellant had car....
Learned counsel submits that the petitioner was unable to deposit the amount of rent assessed by the Rent Controller due to losses incurred by her in her business on account of the outbreak of COVID- 19 pandemic. ... M/s Jagdamba Industrial Corporation' 2002(5) SCC 440, has categorically held that if the tenant fails to pay or tender the amount of provisional rent assessed by the Rent Controller on the first date of hearing, nothing more would remain to be done and the only consequence that ... Hence, t....
Disaster Management Act, 2005 (hereinafter referred to as ‘the Act 2005’), being aggrieved by the determination of the quantum of compensation payable in connection with the building requisitioned for institutional quarantine/COVID containment, invoking a href="./.. ... A reading of reveals that compensation has to be fixed based on the rent payable in respect of the premises. In Ext.P6 award of the arbitrator, the rent entitled for each room was found to be Rs.500/- per room per night. ... Ext.P4 can only be a Government Order in rel....
condition that the petitioners deposit the arrears of monthly rent for the pre-covid period and post-covid period. ... Rent due pre- Covid period (Rs.) ... Rent due pre- Covid period (Rs.) ... Rent due pre- Covid period (Rs.) ... Learned Additional Advocate General submits that he has furnished the details of rent payable by the petitioners for the pre-covid period and post-cov....
Rent Control Act and HP Rent Rules). ... Rent Control Act and effect of non-payment of arrears of rent as provided under the said proviso. ... Rent Controller allowed the application and ordered the eviction of tenant on the ground of nonpayment of interim rent as assessed by Rent Controller vide order dated 1.10.2020 with observation that perusal of record depicted that tenant never made any endeavour to deposit the arrears of rent with Re....
Colombo, 37,171 Landlord and tenant-Enhancement of rent-Not effective until there is agreement- Refusal of landlord to accept rent due-Resulting position-Rent Restriction Act, No. 29 of 1948, s. 13 (1) (a). ... It is only of the rent outstanding from a tenant who is behind in the discharge of his liability to pay rent punctually that it may be said that the rent is in arrear. Whether in a given case the rent has been in arrear would largely be a question of f....
It was further stated therein that the opposite party no. 1 refused to accept rent for the month of May, 2016 and the petitioner sent the rent by Money Order and thereafter, started depositing rent before the Rent Controller from May, 2016 till March, 2018 and prayed for permission to deposit the rent ... The learned advocate for the petitioner contended that the rate of rent is Rs. 500/- per month and the petitioner continuously deposited rent at the said rate before....
However, the plaintiff responded to the defendants vide its e-mail dated 28th May, 2020 and disputed the stand of the defendants that the COVID-19 pandemic would constitute a force majeure event in terms of Clause 12 of the Lease Deed. In the present case, admittedly, there was no default in the payment of lease rent till the onset of the COVID-19 pandemic. Accordingly, the plaintiff gave an option to the defendants to defer the payment of the lease rental, without any waiver thereof. In Halliburton supra, the Court did not give the benefit of the force majeure clause to th....
According to the applicant, however, it had been paying the lease rent and charges for common area maintenance regularly in compliance of the conditions of the lease deeds and any lapse had not occurred. It was stated that the State Government had issued notification to close cinemas which rendered it impossible to carry on the business. It was stated by the appellant-the applicant that nonpayment of the rent from 1.4.2020 was on account of suspension of the activities due to outbreak of Covid 19 pandemic.
Learned counsel submitted that he has also filed Income Tax Returns to indicate that the rent from Amrendra Kumar was shown before the Income Tax authorities. Learned counsel submitted that he has also filed supplementary and second supplementary affidavit in which the photo copies of the rent agreement have been brought on record which indicates that he and his nephew had given the said piece of land to co-accused Amrendra Kumar. It was further submitted that there is no other criminal antecedent of the petitioner and summing up his arguments, learned counsel submitted that as the recovery ....
However, upon your constant pressure, I somehow arranged a sum of Rs 2,00,000/- (Two Lacs) and paid you through RTGS on 24.07.2020. I therefore requested you to kindly consider my request and kindly give me some more. 4. As 1 have already requested you earlier, kindly waive off/pardon the 2 months' rent/possession charges due to the COVID 19 pandemic.
Hospitals dedicated for treating COVID-19, Total Number of Pvt. Hospitals requisitioned for treating COVID-19, Total Number of earmarked COVID-19 Beds, % Occupancy in COVID Beds, Total ICU Beds in the COVID Hospitals, total number of Ventilators in the COVID Hospitals, Total Govt. 6. As regards the fourth issue, i.e., publication of names of Covid-19 infected persons in a District wise manner, the State's response was: ".... that the Department of Health and Family Welfare, Government of West Bengal in its official website regularly publishes each day along with State wise ....
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