Filing of a "totally frivolous claim" by a man claiming rent arrears from the legal heirs of a deceased former tenant has led a Delhi court to slap Rs one lakh as cost on the complainant.
"Totally frivolous claims were made by the plaintiff and they continued with the suit even against the legal representatives of the deceased defendant (tenant).
"The counter claim was drafted in a manner which only creates confusion. The plaintiff did not specifically mention the legal right under which they were claiming arrears of rent from the deceased tenant," Additional District Judge Rajesh Kumar Singh said.
The court said facts of the case warranted appropriate cost be imposed on plaintiff Piyush, a resident of Niti Bagh in South Delhi, and the amount be paid to the legal heirs of deceased defendant N K P Sinha, represented through advocate Atul Jha.
"The suit is dismissed with cost of Rs one lakh. The cost be paid to the legal representatives of deceased defendant (Sinha) within three months from the date of judgement," it said.
It also noted the plaintiff had claimed that Sinha and his legal heirs, after his death, continued to be in possession of the suit property in Mayur Vihar in East Delhi and "this claim was totally against the pleading and no prayer for possession was made".
According to the suit, Piyush had prayed for a decree for Rs 19.99 lakh from the defendants as arrears of rent for three years, loss of reputation and damages.
The court said he had no locus standi to claim a declaration regarding the rate of rent and to claim arrears of rent.
It said he, however, had the locus standi to file the suit for damages on account of alleged defamation and for return of the alleged deposit, "though on merit, all claims have been found to be wrong.
