date from which rent is payable where court leaves the question
Querist :
Anonymous
(Querist) 05 August 2011
This query is : Resolved
dear sir,
on an application made by me for appointment of a receiver as my younger brother has constructed an unathorised guest house on second floor of the house at delhi willed to me and probated by high court delhi, the delhi high court has order on aug 4,11
that
1. defendant will give an undertaking that he shall use the second floor only for residence and not as a guest house.
2.DEFENDANT, MY YOUNGER BROTHER, SHALL PAY MARKET RENT TO THE PLAINTIFF, ME FOR USE OF SECOND FLOOR, THE MARKET RENT TO BE DECIDED BY THE COURT.
THE COURT HAS LEFT THE QUESTION OF DATE FROM WHICH THE RENT IS PAYABLE OPEN.
MY QUERY SIR IS,
WHAT SHOULD BE THE DATE FROM WHICH WE SHOULD SEEK RENT AND WHAT IS CONSIDERED GGENERALLY BY THE HIGH COURT.
THE INFORMATION GIVEN IS AS FOLLOWS:-
1. DATE FROM WHICH GUEST HOUSE IS RUN IS OCTOBER 4, 2004 WHICH IS ON RECORD.
2. DATE SUIT FILED BY ME FOR POSSESSION SEPTEMBER 4, 2010
3. DATE OF ORDER OF HIGH COURT FOR PAYMENT OF MARKET RENT IS AUG 4,2011. THE COURT IS SILENT ON THE DATE FROM WHICH RENT IS PAYABLE.
SIR DO ENLIGHTEN
VINAY KALA
AUGUST 5,11
ajay sethi
(Expert) 05 August 2011
1) it will be from date of order unless mentioned otherwise .
Querist :
Anonymous
(Querist) 05 August 2011
why will it not be from the date the premises were used as a residence
ajay sethi
(Expert) 05 August 2011
if you have any doubts make an application to the court by precipe issue notice to other side and request court to clarify
M/s. Y-not legal services
(Expert) 05 August 2011
