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Krishna   11 February 2023

Rent default in rajasthan by tenant

I have filed a suit on tenant in 2006 under section 6 of Rajasthan rent  control act 2001. court has revised the rent to Rs 975 and also ordered to increase 5 percent rent  every year on revised rent. In 2006 he paid Rs 975 and in 2007 he paid Rs 1023 (ie 975 +5percent of 975=Rs48) and in 2008 he paid Rs 1074 (ie Rs 1023 + 5 percent of Rs 1023) and so on. In 2017 he stopped paying incremental rent and he orally told me that he will pay rent in 2008 Rs 1071 ( Rs1023 + 5 percent of Rs975 )  against he has paid Rs 1074. but i have sent him legal notice that you have increased the rent of 5 percent on every year incremental rent. After legal notice he started again paying incremental rent. Again in year 2022 he stopped paying incremental rent. i have again sent a legal notice to him to pay incremental rent. He replied that he will increase rent  5 percent on original rent increased by the court and not on incremental rent every year increased by him. example in 2009 he will increase rent Rs 1119 ( 1071 + 5 percent of Rs 975) and actually he has paid in 2009 Rs 1123 ( 1074 + 5percent of Rs 1074). now he want to adjust Rs 12000 difference from my rent. he also reduced the rent of this year without my consent or court order as compared to previous year rent. what legal action i can take on him,  



Learning

 2 Replies

Dr J C Vashista (Advocate)     12 February 2023

You have already stated to have filed a suit against the tenant which is presumably instituted through by some capable, competent and intelligent lawyer and stated to have issued legal notice(s), what is his / her opinion and advise ?

Do you still have faith in the lawyer engaged / paid by you since 2006 ?? 

Why do you need second opinion and advise of experts on this platform based on limited facts and case is sub-judiced, except the fact it is available FREE OF COST ???

Krishna   12 February 2023

He is not in the position to provide guidance. that is whu i asking on this forum


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