Tenant can’t fix terms and conditions for landlord, says HC

CHENNAI: Observing that the right of property is a valuable right, and more so a Constitutional right under Article 300A, the Madras High Court noted that it could not entertain a tenant’s petition against the landlord without paying the rent.

Dismissing a batch of civil revision petitions filed by Bharat Scans, which challenged the directions by the rent court, and rent appellate court asking it to vacate the premises of Sajidha Begum and others in Royapettah for not paying the rent from 2016, Justice Subramanian said a tenant can’t fix terms and conditions for the landlord.

“A tenant cannot fix terms and conditions for the landlord and it must be a mutual agreement between the parties,” the judge said adding, “the reduction of the rent at the instance of the tenant, more specifically lesser than the prevailing market rent, is to be construed as unfair and unreasonable.”

According to the landowner, the petitioner was not ready to pay rent since 2016, when she raised it as per market value. Begum, who approached the rent court, got a favourable order to evict the revision petitioner. She said there was no rental agreement between her and the tenant even though the petitioner paid some amount later. The judge held that the trial court and first appeal court have rightly allowed a miscellaneous petition filed by the landlord.