Deposit of rents

Dear Hardatta,  

There is a precise provision that may come to your assistance - it is known as a garnishee order in CPC. O21 R46A-I. A garnishee is the judgment debtor's debtor - when the rent is due to JD - the tenant is a debtor of sorts - who can be ordered by court to pay the rental amount in court and that would be good satisfaction of his liability towards the JD. 

Rules 46A-I lay down the procedure in garnishee cases. The court may, in the case of debt (other than debt secured by mortgage or charge) which has been attached under rule 46. Upon application of DH/attaching creditor – issue a notice to the garnishee liable to pay such debt, calling upon him either to pay into court the debt due from him to the JD or so much thereof – as may be sufficient to satisfy the decree & costs of execution or to appear and show cause why she should not do so.

The order contemplated by 46A is discretionary the court may refuse to pass such order if it is inequitable. Where the court finds that garnishee has a bona fide dispute as to liability – it should not proceed.

Feel free to talk !

Regards,

Bharat

Advocate