section 138
Vaibhav
(Querist) 13 January 2009
This query is : Resolved
I am having a house in bhopal and it was given on rent on 11 month contract. Last three month my tenent is not paying rent and when ever i was asking he was replying that i have some problems i will give you next month, then he issued a cheque which was bounced and now next month is 11 month of contract.
What can i do against him ?
i am having rent aggrement with me also cheque which was bounced due to insufficent fund .
Vaibhav
Srinivas.B.S.S.T
(Expert) 13 January 2009
you can file a case under NI Act as the cheque is issued for discharge of legally enforceable debt (RENT)
AEJAZ AHMED
(Expert) 14 January 2009
Dear Vaibhav,
You can take actions against your Tenant:
(1) You can file a "SUIT FOR EVICTION" against him for his "DEFAULT IN PAYMENT OF RENTS". As his Cheque, which he issued by him against the Rent for Three Consecutive Months is "DISHNOURED". Which means that, the Tenant didn't paid Rents for Three Consecutive Months.
(2) You can also Take Criminal Action against him, for "Dishnour of Cheque".
But for this second Action, your question is not clear:
(a) After receipt of "Memorandum" from your Bank, regarding the "Dishonour of Cheque", If Thirty (30)Days not yet completed, them immediately approach your Lawyer and issue "Legal Notice " to the "Tenant" for the Dishonour of Cheque.
(b) OR Otherwise, (If Thirty Days Completed), then again present the cheque in your accout for realization, on its dishonour you can do as above.
Vaibhav
(Querist) 14 January 2009
Dear Ahmed,
Thanks for your suggestion.
i have filled a case in same with section 138 and there was a notice issued to tenant but he has not appeared in court.
My secound question was we made a contact for 11 months which will over by this month end so how can i proceed further for getting rent and also i want to vacate my house which he is not ready.
Vaibhav
PALNITKAR V.V.
(Expert) 14 January 2009
Mr. Aejaz has already opined that you have to file a suit for eviction for default in payment of rent. Apart from that if the licence period is over, the tenancy gets terminated by efflux of time. You can file eviction suit on this ground also.Whether tenant is ready or not to vacate is not relevant and important. You can also claim arrears of rent in the same suit besides mesne profits i.e. damages for the user of the premises unlawfully.
