Lawstreet Journal

Tenant Asked to Pay Rent Even During COVID-19; Doctrine of Frustration Not Applicable: Delhi HC [READ ORDER]

Lawstreet Journal 24 May 2020 7:14pm

Image courtesy: Lawstreet Journal Judiciary Tenant Asked to Pay Rent Even During COVID-19; Doctrine of Frustration Not Applicable: Delhi HC [READ ORDER]

On judgment dated May 21, 2020, Justice Pratibha Singh of the Delhi High Court has in the matter of Ramanand and Ors. v. Dr. Girish Soni and Anr. held that S. 56 of the Contract Act, 1872, which lays down doctrine of frustration will not be applicable to the lease agreements and in the absence of any formal contract, the tenant is supposed to pay rent even during the lockdown due to COVID-19. 

Background of the case: 

The Tenants were running a shoe store called ‘Baluja’ in Khan Market where they were selling various types of footwear. The Landlord was a Dentist. The tenanted premises were given on rent for commercial purposes through a lease deed executed on February 1, 1975, at Rs.300/- per month. In 2008, the Respondents had filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (“DRC Act”). Vide its order dated March 18, 2017, the ld. Senior Civil Judge-cum-Rent Controller (“RC”) hadgranted a decree of eviction in respect of Shop No. 30-A, Khan Market, New Delhi (“tenanted premises”). The Tenants had filed an appeal against the impugned order which was dismissed by the ld. Rent Control Tribunal (“RCT”) vide its order dated September 18, 2017, on the ground that the same was not maintainable. The present revision petition was filed by the Appellants/Tenants challenging impugned order dated March 18. 

As the matter was pending before the HC, following the outbreak of COVID-19, an application for suspension of rent had been moved, during the lockdown period. The stand of the Tenants was that… Continue Reading...

Tagged: Lockdown  
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