LEASING/RENTING A PROPERTY- GET READY FOR LITIGATION- IF YOU ARE UNLUCKY
ARE YOU BUYING A PROPERTY TO LEASE IT/RENT IT- READ THE RECENT OBSERVATIONS OF THE APEX COURT
Supreme Court has said. ‘Civil courts’ failure to rein in unscrupulous litigants has caused lakhs of house owners not to rent out their premises for fear that tenants would not vacate these and resort to law suits. The court said the situation has come to such a pass because going by cost (risk)-benefit ratio, a person engaged in frivolous litigation finds it profitable in procrastinating the litigation.
It is a matter of common knowledge that lakhs of flats and houses are kept locked for years, particularly in big cities and metropolitan cities, because the owners are not certain that even after expiry of lease or licence period, the house, flat or the apartment would be vacated,’ said the apex court bench. The deceitful acts of such litigants get aided by the reluctance of the courts to ‘order restitution and actual costs incurred by the other side’, the apex court observed. ‘Unfortunately, our courts are flooded with these cases because there is an inherent profit for the wrongdoers in our system,’ the judgment said.
Speaking for the bench, The Justice said: ‘It takes decades for the final determination of the controversy and the wrongdoers (unscrupulous litigants) are never punished. Pragmatic approach of the courts would partly solve the housing problem of this country.
The Apex Court, While Directing the civil courts said not to grant ex-parte injunctions without hearing the other side, the judgment said that even if injunction had to be granted, it should be time-bound and for a short period.The apex court issued 10 commandants that the trial courts in civil matters must follow, both in letter and spirit, in dealing with such cases.