Tenancy
anilkumar yadav
(Querist) 11 October 2016
This query is : Resolved
A files an eviction suit on the ground of non payment of rent. Tenant got benefit of s.15(1) of DRCA. Thereafter owner filed suit challenging the jurisdiction of DRC on the premises area. During pendency of jurisdiction suit the tenant stops paying rent. Now can the owner succeed by withdrawing his jurisdiction suit and filing suit for eviction on ground of second fault for non payment of rent. Thanks to all seniors for taking time for their valuable opinion.
Guest
(Expert) 12 October 2016
Repeated query! Earlier one at:
http://www.lawyersclubindia.com/experts/Tenancy-619721.asp
Ms.Usha Kapoor
(Expert) 12 October 2016
Yes! By withdrawing Jurisdiction suit and filing of eviction suit for 2nd fault in non payment of rent landlord may succeed in eviction of tenant from his premises in Rent control case. If you appreciate this answer please click the thank you button on my profile.Provision o fsection 15 o fDelhiRent control Act says a sfoloows:
Lawzonline.com
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15. When a tenant can get the benefit of protection against eviction.- (1) In every proceeding of the recovery of possession of any premises on the ground specified in clause (a) of the proviso to sub-section (1) of section 14, the Controller shall, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the Controller within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit, month by month, by the fifteen of each succeeding month, a sum equivalent to the rent at that rate.
(2) If, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in sub-section (1), the tenant contest the claim for eviction, the landlord may, at any state of the proceeding, make an application to the Controller for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Controller may, after giving the parties an opportunity of being heard, make an order in accordance with the provisions of the said sub-section.
(3) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount payable by him under sub-section (1) or sub-section (2), as the case may be until the standard rent in relation thereto is fixed having regard to the provisions of this Act, and the amount of arrears if any, calculated on the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which the standard rent is fixed or such further time as the Controller may allow in this behalf.
(4) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount payable by him under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, and in such a case no person shall be entitled to withdraw the amount in deposit until the Controller decides the dispute and makes an order for payment of the same.
(5) If the Controller is satisfied that any dispute referred to in sub-section (4) has been raised by a tenant for reasons which are false or frivolous, the Controller may order the defense against eviction to be struck out and proceed with the hearing of the application.
(6) If a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the Controller may allow such costs as he may deem fit to the landlord.
(7) If a tenant fails to make payment or deposit as required by this section, the Controller may order the defence against eviction to be struck out an proceed with the hearing. Hence if tenant fails to pay rent the rent controller may along with the landlord direct the tenant to evict from suit premises.
adv.bharat @ PUNE
(Expert) 12 October 2016
Answer to this query is already given in this forum.
P. Venu
(Expert) 12 October 2016
It appears that repetition is not intentional, only technical. It is my considered opinion that we need not make heavy weather of such unintended lapses.
R.K Nanda
(Expert) 12 October 2016
Repeated query
Kuummaar AS
(Expert) 12 October 2016
anilkumar yadav,
Please do not waste time of experts by repeating the query.
Ms.Usha Kapoor
(Expert) 13 October 2016
I'd stand by my yesterday's reply.
