RADHA KRISHNA GUPTA Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) -HEARD learned Counsel for the petitioner as well as Sri Satya Prakash Gupta, learned Counsel for landlord-respondent No. 1 who has appeared through caveat.

(2.) PETITIONER admittedly obtained possession of two room house in Kanpur Nagar in 1997 and remained in possession until 2006. He very boldly asserts that as in the allotment order no rent was fixed hence he was not liable to pay any rent. Under section 105 of Transfer of Property Act there cannot be any lease without rent. Some times the Court gets an impression particularly when cases come from Kanpur Nagar that R. C. and E. Os. treat the houses which they allot as belonging to them and virtually gift the houses to the prospective allottee. The time has come to change this mindset.

(3.) THE Court is not inclined to grant any relief to a person who admittedly remained in possession for 9 years without paying a single penny as rent. The learned Counsel for petitioner offers on behalf of the petitioner to pay the rent now. Payment of rent is one thing and offer of payment quite another.