1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 22nd DAY OF NOVEMBER 2011 THE HON'BLE MR. JUSTICE VINOD K. SHARMA O.A. No.218 of 2011 in C.S. No.157 of 2011 M/s.Bohemian Destinations Pvt. Ltd., rep. by its Managing Director, Mr.N.G.George, No.7, Khader Nawaz Khan Road, Chennai-600 006. ... Applicant/Plaintiff -Versus- R.Balakumar, 3, Crescent Street, ABM Avenue, Chennai-28. ... Respondent/Defendant Original Application praying that this Hon'ble Court be pleased to grant an order of ad-interim injunction, restraining the respondent, his servants, men, agent and all persons claiming under him from claiming rent with effect from July 2008 together with future rents from the applicant in respect of the property morefully described in the schedule herein under pending disposal of the above suit. This Original Application coming on this day before this court for hearing the court made the following order: This application under Order 14 Rule 8 of O.S.Rules, read with Order 39 Rule 1 & 2 of C.P.C., has been filed by the plaintiff/applicant for grant of ad-interim injunction, restraining the respondent, from claiming rent with effect from July 2008 together with future rents in respect of the application schedule mentioned property from the applicant, https://hcservices.ecourts.gov.in/hcservices/ 2 pending disposal of the suit. 2 It is not disputed that the defendant/landlord moved R.C.O.P. for eviction of the plaintiff on account of non payment of rent in which directions have been issued. The defence could be raised by the plaintiff in a petition filed by the Landlord claiming rent, but, certainly, no direction can be isued by this Court directing the landlord not to receive rent for rented building. 3 The contention of the learned counsel for the applicant that as per clause 8 of lease deed no rent is payable, cannot be accepted, as the reading of clause 8 of lease shows that it is only when for negligence or act of lessor, the lessee is not permitted to use the premises, then only rent will be suspended. In this case building has been sealed by Chennai Corporation. In any case, unless negligence is proved against landlord, the applicant cannot claim injunction. This plea otherwise also can be a plea of defence, and cannot be basis to entertain a suit in Court. 4 This application thus is totally misconceived. 5 The learned counsel for the plaintiff/applicant placed reliance on the judgment of the Hon'ble Delhi High Court in the case of Idea Estates Pvt. Ltd. Vs Trans Asian Industries Expositions Pvt. Ltd. and another (I.A.No.6727/2008 in CS(OS) 1054/2008) wherein the landlord filed petition for rent of the premises for the door https://hcservices.ecourts.gov.in/hcservices/ 3 locked, and accepted in view of the facts and circumstances of the said case and it was held that the landlord was not entitled to rent for the period. 6 The Hon'ble Delhi Court nowhere held that Court could grant injunction restraining the landlord to claim rent, by legal proceedings in accordance with law. In the present case, the defendant/Landlord has taken out proceedings in accordance with law. 7 Consequently, this application is dismissed with cost, which is assessed at Rs.10,000/- (Rupees ten thousand only). Sd/-V.K.S.J 22.11.2011 //Certified to be a true copy// Dated this the day of 2012. R.s/06.01.2012 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/