The Hon’ble High Court of Delhi held that in appeal filed under Section 96 of CPC that in a case wherein an order to maintain status quo has been imposed on a property already under a tenancy, then a change in tenant does not imply disturbing the status quo.
This pronouncement was made by the Hon’ble High Court of Delhi in the matter Manjula Saha & Anr. Vs. Maya Rani Saha (SD) Through LRs, Cont. Case No. 836/2017 and RFA no. 608/2016 on 25.04.2018.
A suit for partition filed by the Plaintiff (sisters) against the Defendant (brother) was dismissed by Trial Court wherein the Appellate Court had directed the parties to maintain status quo with regard to the right, title, interest and possession of subject property in an order dated 29.08.2017. The Plaintiffs had filed an application under Contempt of Court Act, 1971 against the Defendant for changing the tenant without the prior permission of the Court.
The Hon’ble High Court of Delhi noted the fact that the property had been admittedly rented, therefore the tenancy has been acknowledged by all parties. Therefore, the plea that tenant should not be changed cannot be sustainable. It was noted that the Defendant had been letting the property since before the order of the Appellate Court dated 29.08.2017 with respect to status quo was passed. The Hon’ble Court further held that status quo cannot be interpreted against induction of a new tenant if the old tenant either vacates the property of the lease is not renewed. In the view of the above observation, the Court directed the Defendant to place the newly entered into lease agreement on record and to file half yearly statement of rent being received from the tenant along with statement of expenses, if any.