Regarding rent control act, mumbai`
Arpit lalan
(Querist) 08 March 2013
This query is : Resolved
Dear All,
We are facing a eviction notice from the tenant in the court of Small Causes Mumbai. However, since the past 4 years she has refused to collect rent. When we made application to the court to deposit rent at that time other relatives intervened and made application to court to not accept rent as they claimed legal rights in the tenancy of the flat. (they have also filed separate cases against us in the small causes)
My question is that how do we deposit rent to the court??
M.Sheik Mohammed Ali
(Expert) 08 March 2013
you can file proof affidavit that we are ready to pay the due rent amount as DD
Jatinder Singh
(Expert) 08 March 2013
I agree with Mr. Ali. By virtue of an affidavit, the fact that you are ready and willing to pay the rent would be recorded and no adverse inference can then be drawn against you at any later stage in the proceedings.
Arpit lalan
(Querist) 08 March 2013
Many thanks. Will inform our lawyer. However, need to change our lawyer asap since no interest in the matter and also we are not given exact updates as to what has been happening. Will need to apply to the court department for all certified copies right from the beginning.
Raj Kumar Makkad
(Expert) 09 March 2013
You are free to take every step necessary for your case including change of your lawyer if need arises to that effect.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 March 2013
Under Mah rent control act applicable at Mumbai it is essential for the court to order deposit of rent to the landlord or court.
It seems no proper applications have been made.
Non payment of rent is no excuse and on this reason alone the tenant can be evicted.
Since property rates are at multi millions at Mumbai so for property matters like your s , you can not expect proper service from an advocate who has not handled such matters.
prabhakar singh
(Expert) 09 March 2013
Only undertaking can not dispense with legal duty.
In most of the state legislation provision is found that if tenant deposits all claims of land lord togather with cost of suit and counsel fee along with interest(as laid in Act)then he gets saved from eviction,
Otherwise too in a small causes suit leave to defend would be granted only on deposit of the admitted arrears.
Further month to month deposit shall continue till pendency of case and any failure in this regard would cause the defence struck off.
