Defaulter of rent
Bani Misra
(Querist) 30 January 2019
This query is : Resolved
Landlord Tenant dispute Occurred in 2009.Tenancy Period expired in 2009 also.
Landlord did not renew rent agreement and refused to received rent.
1)Tenant send 3 Month rent (In a single ) Money order , Landlord refused.
2)Tenant filed Title Suit in 2009.But did not appeal for depositing rent in court.
3)Till 2012 the case was fine.
4)Landlord get critical medical problem ,2012-2016 , unable to continue case.
5)Landlord appear court from 2017 with recall petition and counter claim of eviction.
6)Landlord get full copy of order sheet from 2009.
7)In the Order sheet , there is not mention of Tenant paying rent to the court.
8)In Between ,Tenant also encroach another room of the house.
My question is
1)Once Tenant has send Rent by money order (in 2009),later niter
paying to landlord , nor to court. Is this is Defaulter ground ?
2)Will this ground will enough to evict Tenant?
3)Landlord not accepting rent ,court case is running ,tenant have to
deposit the rent to court only ? or there is any other authority.
4)From Question no.4 , If Tenant is depositing rent to any other authority ,
he have to mention in the case or not ?
5)What to do , to recover the extra encroached room ?
Adv Shailendra Deshpande
(Expert) 31 January 2019
Point 1 to 4 : - Non payment of rent from 2009 is ground for eviction. The rent shall have been deposited only in court, unless the other authority is designated by court itself.
Point 5: - file separate suit against encroachment, if that extra room is not part of rented property against which suit is filled.
P. Venu
(Expert) 01 February 2019
The facts posted are less than convincing. How can a tenant file a title suit? What were the grounds urged? What defense did the Landlord put up?
Bani Misra
(Querist) 01 February 2019
Mr.P.Venu , the tenant asked for Permanent Injunction against eviction.
Tenant Said in the petition
1)Tenant tried to send rent by money order , landlord refused.(money order slip)
2)Landlord is a dangerous person.(no proof)
3)Tenant have family ,old age parent.It is not possible to move them now.(no proof)
4)Tenant is a bonafied tenant.
So court must grant a Permanent Injunction against eviction.
Landlord Said
1)Defaulter of Payment.(only 3 month money order slip available , rest no proof)
2)Reasonable Requirement.(Lanlord's younger sister and his husband stay rented house , have capacity to reconstruct the house,the will leave there).
Dr J C Vashista
(Expert) 02 February 2019
Whether State Rent Control Act applies to tenanted premises or the premises/case is governed by the Transfer of Property Act ?
Vague facts
