Jobs (PM) 13 August 2012

Conditional order to pay rental arrears

I have rented my flat in chennai, currently I am staying in rental apartment also I am not owning any house in chennai.

I am from Tamil nadu.I don't have any rental agreement.Usually i accept rental check from my tenant every month.

I already send a legal notice to my tenant with below reason

1. Need my house for my Own use.

2. Also pay my rental arrears from jan 2011.

Filed RCOP and File Misc petetion asking for Rental arears.

This RCOP was filed in Dec 2011 and MP filed in jan2012.

On MP we have got conditional order stating tenant need to pay arrears from Jan 2011 to till date before 5th of last month.

Tenant laywer got two extension one for 10 days and another for 3 weeks.

After the extension time instead of paying arrears he filed an appeal RCA and files stay petitions for RCOP which is pending in court.

My clarification is

1.Is court will provide stay against RCOP without paying any rent?

2.Incase stay is not granted whether RCOP and RCA will proceed in same time?

3.Also RCA case how long will take?

4.Since my RCA is against my MP, will they consider my bonafide issue also during RCA?

By looking at all these factors how long my tenant can track the case, eventhough i have all evidence for my bonafide case almost 7 months went on MP, so worried after this RCA he may file RCA on my bonafide reason also then it goes to CRP etc?

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3 Replies

surjit singh (Assistant) 14 August 2012

First of all you have approached the court on wrong ground , it is settled rule that once a defaulter always a defalter, you could have gone for eviction on the ground of default of payment of rent.

The RCA is only against the order passed in the MP for payment of rent but not against your main case, so both the case will proceed at the same time.

So far stay in the RCA is concerned the court may grant the same if you do not put stiff resistance. Ask your lawyer to oppose the stay matter strongly. If the main case i.e. RCOP is disposed of finally then the RCA filed by the tenant will become infructuous. See that the RCOP is finally disosed early.

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Jobs (PM) 14 August 2012

Thanks surjit for your reply.

My tenant filed RCA and it has been numbered, but he requested stay against my RCOP proceedings and its posted for order in First hearing.

Regading eviction ground, we said bonafide and willful default, what is wrong in going by two grounds please clarify.

surjit singh (Assistant) 14 August 2012

You see the main three principle of getting tenant evicted is (1) default in rent i.e. even he default in payment of one month rent on time, and starts payment of the other month rent he is a defaulter, because court says once a defaulter always a defaulter (2) meaningful alteration in the rented premises without the knowledge of the owner and (3) bonafide requirement. If you fix your case within these three requrement you have a good case for eviction.