Shame if advocates refuse to vacate rented premises: HC

Shame if advocates refuse to vacate rented premises: HC

TIMES NEWS NETWORK

Chennai:13.02.2021 

Censuring an advocate for refusing to vacate a rented property, the Madras high court has said some advocates are now-a-days looked upon as ‘rowdies and third rated criminals’ (due to their activities).

“It is very saddening to note that it is a shame on the part of an advocate to refuse to vacate the premises, when a landlord requires it. Advocates are referred to as gentlemen in the Preamble to Chapter-II of the Bar Council of India Rules under Section 49(1)

(c) of the Act read with the proviso thereto,” Justice S Vaidyanathan said.

The court made the observation on a plea moved by advocate V K Kumaresan seeking to set aside an ex parte order passed against him in favour of his landlord P Jayaseelan.

“This court as early as on February 19, 2020 directed the petitioner to vacate the premises within two weeks. It is very unfortunate that the petitioner took one long year to comply with the said order. However, this court is of the view that the approach adopted by the petitioner in a clandestine manner to defeat the orders of this court, is clear abuse of process of the court,” the judge said.

Under the pretext that a review application has been filed, this matter was dragged on by the petitioner to deceive the court and the landlord, the judge added. The court then asked the bar council to take action against the petitioner and proceed further for the misconduct on the complaint.

“Registry is directed to send a copy of this order to Madras High Court Advocates Association, Madras Bar Association and Women Lawyers' Association to inform their members that they should not defend a dishonest tenant, who happens to be a deceitful advocate, like the petitioner herein, who is not a gentleman, in order to safeguard the reputation of this profession, the court said.