Big Relief to those Living on Rent – Big relief from the Supreme Court to those living on rent. The court while giving its verdict said that if someone has not been able to pay the rent due to compulsion, then he has not committed any crime. Legal action can be taken for non-payment of rent, but case will not be registered under IPC.
The Supreme Court said in the judgment that if someone has not been able to pay the rent due to compulsion, then he has not committed any crime. While hearing a case of non-payment of rent, the Supreme Court rejected the petition of the landlord.
A bench of Justice Sanjeev Khanna and Justice Bela M Trivedi said that it is not an offense if the tenant, under compulsion, does not pay the arrears of his rent. Even if the facts in the complaint given in this regard are correct, legal action can be taken for non-payment of rent, but a case will not be registered under IPC.
The Supreme Court said that in this case the essential and fundamental elements to prove the offense under section 415 (cheating) and section 403 (dishonest misappropriation of property) are missing. The Supreme Court also quashed the FIR registered in this regard.
This matter was with the Allahabad High Court. The bench said that if the tenant has vacated the property, then the matter can be resolved under civil remedies. The bench gave this verdict after hearing the arguments of both the sides.
