No Eviction For Non-Payment Of Rent

The Delhi High Court, dismissing a petition seeking directions to waive rent payable by tenants during the Covid-19 lockdown period, observed that "there can be no eviction, on ground of non-payment of the rent for tenants who are poor" but "it ought to be kept in mind that even the landlords can be financially dependent on the rent". The bench stated that it ought to be kept in mind that court cannot do charity at the cost of others. "For canvassing an argument of waiver of rent, proof of facts is a must. There cannot be lumpsum/general submission that rent should be waived and there can be no eviction, on ground of non-payment of the rent for tenants who are poor," said a division bench of Chief Justice D.N. Patel and Justice Prateek Jalan. The court said: "If such type of general argument is accepted by this court, that rent should be waived for all the tenants of Delhi who are poor for the month of April or/and May or/and June, it will lead to injustice. Hence also, we see no reason to entertain this Public Interest Litigation. "It ought to be kept in mind that even the landlords can be financially dependent on the rent, e.g. when the rented premises is given by a widow or by a retired person having no other means of income and when they are solely dependent on the rent, for their livelihood."