AI Structured Summary
Not yet generated for this judgment
Judgment
Markandey Katju, C.J.—This writ appeal has been filed against the impugned interim order of the learned single Judge dated 1.4.2005.
Heard the learned counsel for the appellant.
The writ petition was filed challenging the demand notice dated 16.1.2005 by which the respondent No.1 demanded enhanced rent from the
appellant.
The appellant is the President of the Lions Club of South Madras. It seems that a lease deed was executed on 22.11.1966 between the
Executive Officer of Sri Marundeeswarar Temple, Thiruvanmiyur, Saidapet Taluk and the Lions Club of South Madras represented by its
President for lease of ten grounds of land of the temple and this was used by the Lions Club for setting up a charitable dispensary. Pursuant to the
said lease possession was given to the Lions Club of the land.
It is alleged by the appellant that by his demand letter dated 1 6.1.2005 the Executive Officer of the temple is now demanding exorbitant rent,
failing payment of which he has threatened legal proceedings and eviction proceedings. In our opinion, if the landlord is demanding exorbitant rent
which the tenant is unwilling or unable to pay, then unless the tenant has the protection of the Rent Control Act or some other statute, the tenant will
have to vacate the property because that property does not belong to him. Such matters are purely contractual, unless some statutory protection is
provided for. In the present case there is no statutory protection at all for the appellant and hence if he is unwilling to pay the rent demanded by the
landlord he has to vacate.
The matter is purely in the realm of contract and at any event writ jurisdiction is not the proper remedy. The writ appeal is dismissed.
Consequently WAMP No. 1605 of 2005 is also dismissed. No costs.