There are thousands of cases pending in court in India, many of which are related to property. In these cases, disputes between tenants and landlords also often reach the Supreme Court, where historical decisions are taken. Recently, the Supreme Court has taken an important decision, which has revealed important guidelines for both tenants and landlords.
Not paying rent is not a crime
Many times tenants are unable to pay their rent due to economic reasons, and the landlords threaten to reach the police station in such a situation. But the Supreme Court has clarified that not paying the rent is not a crime. According to the court, if the tenant is unable to pay the rent for any reason, then it cannot be considered a crime under the IPC (Indian Penal Code). This means that the tenant cannot be prosecuted.
History of case
The case began with a landlord filing a case against the tenant. The Supreme Court commented in the case and dismissed the case. The court said that if a tenant is unable to pay the rent due to his situation, then action cannot be taken against him as a criminal. The name of this petition was Neetu Singh vs Uttar Pradesh StateA bench of Justices Sanjeev Khanna and Justice Bela M Trivedi heard the case.
Legal measures and action
The Supreme Court said that other legal options exist in the case of non -payment of rent. The court also clarified that there can be no crime against the tenant under the IPC. In addition, the court said that to collect the fare, the landlord has to adopt the path of civil remedies. That is, the landlords can knock the court door to collect the fare, but it will not be considered a crime.
Allahabad High Court decision
In this case, the Allahabad High Court refused to cancel the FIR. But the Supreme Court overturned the High Court’s decision and quashed the FIR. This decision of the Supreme Court has proved to be an important step in favor of the tenants, as now they have the right to take action on the basis of their economic condition without any fear.
Right to charge rent
The Supreme Court has also empowered the landlords to recover their dues under the civil process. The court ordered that if the tenant is unable to pay, no criminal case can be registered against it as a crime, but the process can be adopted under the civil case.
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The post Historic decision of Supreme Court: Not paying rent is not a crime first appeared on News India Live | Breaking India News, The Indian Headline, India Express News, Fast India News.
