Tenant eviction

Querist : Anonymous (Querist) 24 January 2011 This query is : Resolved
Dear Experts,
In RCOP (Tamil nadu Rental law) for willful default in payment of rent, tenant (respondent) was regular in payment of rent earlier the litigation period. For the litigation period also deposited the rent on the first hearing date, after the filing of RCOP also regular in sending the rent to the landlord by RPAD. Tenant pleads that landlord accepted rent by cash and as good relationship was prevailing he did not insist on receipt. Will the court order eviction in this situation. Will the court take into consideration the good conduct of the tenant in paying the rents before and after the litigation. If the tenant fails in RCOP is there any chances of succeeding in RCA or CRP.

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Advocate. Arunagiri (Expert) 24 January 2011
If the court finds that there is no proof for the previous cash payments, you have to make the payment for that period also.

In RCA you can deposit the 50% of the rent arrears and contest the case. You have chance to succeed.

G. ARAVINTHAN (Expert) 31 January 2011
if tenant proves payment of rents after initiation of RCOP proceedings, then can succeed. However, tenant have to prove there is no wilful default

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