Hon’ble Allahabad High Court while listening to an appeal on 11.01.19 declared that the liability to pay rent continues till the tenant actually vacates the premises.

The above decision was given in the case of Raj Kumar Saini And 3 Others v. Furquan Ali in which hon’ble court dismissed a petition fixing the liabilities of the tenant and the owner.

BRIEF FACTS OF THE CASE

The petitioner filed a suit in front of lower court for the recovery of arrears of rent and for eviction but called upon by impugned order to deposit the premium amount of Rs. 3,50,000 which was taken as “Pagdi”.

This amount was to be adjusted at the time when tenant vacates the premises. The revision court also affirmed the order of the trial court and both the orders were challenged in this petition. 

DECISION OF THE COURT

Hon’ble court held that indisputably, the liability to pay rent continues till the tenant actually vacates the premises. Further, the court found some substance in the matter of adjustment of the rent amount fallen due as rent and ordered to reduce Rs. 70,000 from the premium amount.

By modifying the impugned order to the extent that petitioner would be required to deposit Rs. 2,42,000 within 3 days in the court below, the petition was disposed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6916859