#rent arrears

The Calcutta High Court held that Section 7(3) of the WB Premises Tenancy Act, 1997 cannot strike out a tenant’s defence unless rent arrears are admitted or judicially determined, requiring landlords to prove arrears before striking defences.

Maharashtra State Consumer Disputes Redressal Commission rules that delayed rent payments under the MHADA Act entitle housing authorities to impose penalties without constituting a deficiency in service. The ruling clarifies that tenants cannot claim service deficiency for lawful penalty demands, reinforcing landlord rights under housing laws.

The Karnataka High Court has ruled that where a judgment debtor demonstrates genuine intent to comply with a settlement by offering to deposit rent arrears in installments, issuing a delivery warrant is disproportionate. This sets a new standard for execution courts: coercive measures must yield to structured compliance, protecting debtors who act in good faith while safeguarding decree holders' rights through phased payment.

The Punjab & Haryana High Court ruled that a tenancy under the Transfer of Property Act is not terminated by mere service of notice unless possession is physically surrendered. Continued retention of fixtures and failure to deliver vacant possession sustains rent liability despite termination notices, reinforcing the need for actual vacation to end lease obligations.

Gauhati High Court rules that landlords cannot unilaterally adjust a tenant's security deposit against rent arrears under the Assam Urban Areas Rent Control Act unless the tenancy agreement expressly permits such adjustment. The ruling reinforces tenants' strict liability for rent payment and bars automatic set-off, impacting landlord-tenant disputes in Assam.

Bombay High Court rules that interim compensation under Order XV-A CPC cannot be granted without establishing unlawful occupation. The court emphasized that market-rate compensation during pendency of a possession suit is unwarranted unless the plaintiff proves the defendant's occupation is unlawful, setting a clear threshold for interim relief in property disputes.

Bombay HC Aurangabad Bench rules that a tenant’s deposit of rent arrears before the first hearing under Section 12(3) of the Bombay Rent Control Act defeats eviction on grounds of default. The ruling reinforces tenant protections by mandating strict compliance with statutory deposit timelines to avoid eviction.

Bombay High Court holds that tenants must maintain fixed deposit security for rent arrears pending appeal and pay ongoing dues, reinforcing procedural compliance in eviction cases.