Fair Rent
viswanathan
(Querist) 23 November 2010
This query is : Resolved
Respected Sirs,
I thank Advocates Thiru Ramachandran, Thiru Arunagiri, Thiru Subramaniam Sir and Shri Shashikumar Ji, Shri Khaleel Ahmed, Shri A.Vijayan for their replies to my query posted on Sunday the 21.11.2010. My landlord after collecting the rents in cash , refused to issue rent receipts and now filed R.C.O.P. on ground of willful default for the no receipt period of 19 months. I made a second time payment of 19 months rent of Rs.38,000 in the Court on the first hearing date itself. Now to again harass me he has filed another R.C.O.P. for fixation of fair rent. At present I am paying rent of Rs.2,000/- but he has claimed Rs.23,000/- as fair rent as per some calculations according to land value etc. I do not know what is going to happen. My landlord wants to throw me away from his premises by trying all means and I am trying to all ways and means to survive there continue my business there, since it is the only breadwinner for my family. Kindly post me any of your advices or suggestions. Thanks once again for respected Experts. Sorry for disturbing again and again.
adv. rajeev ( rajoo )
(Expert) 23 November 2010
You have to defend that the fair rent claimed by the owner is not fair with a cogent evidence.
s.subramanian
(Expert) 23 November 2010
The fair rent proceedings themselves can be dragged on for years upto the Supreme Court. Do not worry about it. Your lawyer will take care.
Sri Vijayan.A
(Expert) 23 November 2010
For dragging the case, u may have to spend money.
The fair rents also shall be fairer [more]than what is in the market at some places. bcoz the rent depends on the guide line value of the land which more at present
Get guidance of some local advocate who is conversant with the calculation of fair rent.
if u find it is more than ur capacity/ expectation, have negotiation with the owner and have settlement.
OR ask ur advocate for appoint a conciliator and act accordingly.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 November 2010
Please engage a local advocate , since such peace meal querries will confuse you.
1) Pl be sure the landlord can not demand and get form court more rent than what was prevailing when the premises were originally leased.
2) File a ciminal case against the landlord for not issuing rent reciepts.
You can demand and can get order of the court to get the old records of rent reciepts issued which surely he will not have.
3) File a counter claim in existing cases for fixation of rent at the rates prevailing at the original time and produce evidence and you will get orders from court.
4) Request your advocate to search SC judgments in the matter which are so many.
