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Mahesh Chand Gupta (Proprietor)     12 July 2023

Legal posiiton of tenant in case of non-receipt of rent by the cancelled landlord

I entered into a registered rent agreement in 1991 for remaining period of lease of the property @ Rs. 100/- per month rent(not changeable). After the death of landlord in 2002, I came to know that the Development Authority had already cancelled the allotment of plot to the landlord in 1978 due to non payment of installments. The Development Authority issued notice for vacation of plot on which the widow of the landlord approached the Allahabad High Court stating that she is a widow and earns her livelihood from this property and promised to pay the installments alongwith interest. On this petition, Allahabad High Court stayed the execution of notice of the Authority. I was paying rent Rs. 1,200/- annually in advance by depositing a cheque in the bank account of the widow which was later on closed by the widow. Then I sent money order of Rs. 1,200/- for 2 – 3 years which were not received by the widow. Then they said to me that the property is disputed and main landlord has died and now, it is not clear who is the legal heir of this property. After decision by the court, you may pay rent. All these discussions were orally and no written evidence. Then I stopped making payment of the rent to the widow. Now, I am ready to pay whole amount of rent due against me immediately in the court on filing recovery suit by the widow. What is the legal position?  



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2023

You should have paid the rental amount into court deposit if she was not accepting the monthly rental amoiunt.,

Even now you can pay the same to the court if she is not agreeing or accepting the monthly rental amount

Real Soul.... (LEGAL)     13 July 2023

You must deposit the rent with registrar rent controller court with application to disburse the rent to rightful owner that will keep your tenancy alive . Deposit full rent with details. 

Dr. J C Vashista (Advocate )     14 July 2023

The rent case is to be adjudicated under the provisions of State (Uttar Pardesh in this case) Rent Control Act.

Consult a local prudent lawyer with relevant records for better appreciation of facts and professional advise.

P. Venu (Advocate)     14 July 2023

While acknowledging suggestions of the learned experts, it is moot point whether rent could be deposited with the Court or its Registrar as a matter of routine i.e. even when no case/proceedings are pending in the Court. A perusal of the  the Kerala Buildings (Lease and Rent Control) Act, 1965 reveals that deposit in case no litigation is pending is to be made with the prescribed authority. As such, it is my considered opinion, any suggestion depends upon the Rent Law as in force in the State.


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