Increase in rent ...

tdeli (Querist) 04 November 2012 This query is : Resolved
A Landlord wants to increase rent after 3 years as per agreement of rent but the matter is sub judice before the court of law...
Can the landlord increase the rent with just issuing the Notice or will he have to approach the Court were the case is pending...

Thanks ...

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R.K Nanda

(Expert) 04 November 2012
yes, he can increase rent by giving notice.

Guest (Expert) 04 November 2012
Subjudice in what respect? Whether you have disputed the agreement or even the matter of increase in rent after three years?

tdeli (Querist) 04 November 2012
The matter in the court is for non payment of rent and non payment on increase rent for which we had contested that we had paid the rent to him in advance and we never received any notice of such increase rent.
The court agreed to our plea and passed an interim order that no notice was served and thus the rent should be deposited in court at the same old rate. However the case for non payment is continuing on merits.
Now 3 years have passed on this case and the interim order and he again has send us notice to further increase of rent from his previous claim of increase in rent.

Thanks ...

Devajyoti Barman (Expert) 04 November 2012
In a pending case under Rent Act, the tenant is liable to deposit only the rent last paid by him.
If the landlord disputes the rate of rent then he can pray for its determination.
So if the court has not determined the fair rent then you continue to deposit the rent at the existing rate.

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