New Rental Deed importance for tenants more than 25 years.
Querist :
Anonymous
(Querist) 07 April 2011
This query is : Resolved
Dear Expert,
please provide me your valuable suggestion on the following tenant case.
Letter from Owner to Tenant, posted 2 months back:
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Dear Tenant,
Sub: Request for the Payment of Rent dues, GHMC Tax, Electricity Bill and new Rental Deed.
This letter is to inform you as under:-
1. It is to remind you that, your rent is payable on the 1st day of each month, and late if paid after the 5th day of the month but it has been regrettably observed that you are failing to pay rent in a timely manner, for the Mulgi bearing municipal No. 15-4-222(Ground floor), Hyd.
2. The said Mulgi was reconstructed under the Road widening scheme and as per the orders of the Honorable High court dated 15.6.1987 in the writ petition No. 16709 of 1986, the rent of the said Mulgi was fixed at the rate of Rs.200/- (Rupees two hundred only) per month (exclusive of electricity charges etc.,) which is subject to increase at 33.33% after every three year. After construction the said Mulgi was delivered to you on 26.6.1987 by MCH with my acknowledgement under the terms and conditions imposed by Honorable High court in the write petition, referred above. It has been observed that, after repeated reminders you have not enhanced the rent from the date of possession, as directed by the Hon’ble High court of A.P in the write petition referred above. Presently, you have an amount due of Rs. 92,854 (Rupees Ninety two thousand eight hundred fifty four) without interest (refer ANNEXURE - 1 for Rent details). Please pay this amount immediately.
3. According to GHMC property tax demand notice PTIN NO: 1052007893 Total Demand as on Jan-2011 Rs 8938 is due to GHMC by the tenant.
4. With reference to APCPDCL Electricity Bill demand notice, Service NO: 10520345693 Total Amount payable as on Jan-2011 Rs 2477 is due to APCPDCL.
5. As the said Mulgi handed over to you by GHMC with my acknowledgement on 26.6.1987 as directed by Honorable High court without Rental Deed. Hence you are requested to execute a new Rental Deed relating to the said Mulgi in my favor on the agreed terms and conditions within a period of two weeks from the receipt of this notice.
Kindly do the needful, in default we will be forced to take action against you in accordance with law.
ANNEXURE - 1: Has details in tabular form, where tenant has not enhance rent(every 3 year) as per court directions.
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1) Though the owner issues rent recipient every month along with tenant signature(1/3 rent book), how much it is important to execute new Rental Deed or renewal the old for such old tenants per law?
2) What could be court order possibilities in this case?
3) In which act and sections owner or tenant can file case for this matter?
Thanks & Regards,
-Doulat.
Querist :
Anonymous
(Querist) 07 April 2011
[Your Advocate] Thank you so much sir for your prompt reply.
But can't we get a general idea from the details cited above?
Tenant is showing reluctance in executing Rental deed.
Please feel free to ask any question related to this case. I'll provide all information needed here.
Thanks you so much
-Doulat.
Raj Kumar Makkad
(Expert) 07 April 2011
Tenant is bound to follow directions of Hon'ble High court failing which an eviction order can be prayed to be passed against him before HC and also a contempt of court proceeding can be brought against him for willful disobedience of court order.
As the matter is still pending before Hon'ble High Court and an interim direction has only been passed so it is better for owner to approach same court with specific application to direct the tenant to execute fresh rent-deed on the same terms and conditions. In my opinion, there is no need for owner to get specific rent-deed when HC has already framed certain terms and conditions.
Querist :
Anonymous
(Querist) 07 April 2011
Dear Raj Sir,
Thank you so much for your precious advice.
As you have said owner need not worry about new Rent deed in this case, however as the HC order delivered in 1986 and there are lot of changes occurred in tenancy rules today, specially about Municipal tax to be paid by tenants(in commercial market) etc,
1) Does these new terms and conditions apply to this old tenant?
2) I'm not sure, if there is any law which favored municipal/property tax to be paid by tenant. Please let me know if there is any such law or it's just mutual agreement between tenant and owner for rental unit?
3)Sir, do you think owner should take an action against rent balance due of amount 92, 854 by tenant by not following court directions, in which court has directed to increase at 33.33% after every three year.
Thanks & Regards
-Doulat.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 April 2011
