haradatta (proprietor) 19 May 2012

Deposit of rents

sir, i had filed a money recovery suit and the same was decreed in my favour. i had initiated the execution proceedings and the JDR's were set as ex-parte and ever since the year 2008 the matter had been postponing for one reason or the other even though the JDR's property is under attachment of the Court. Things thus remaining, the JDR is been absconding from the present living society by letting out the attached property. Can i file a petition in the court seeking the relief by making to deposit the rental income of JDR into the court, if so, can you guide me in the procedural aspect like the provision of law? Thanking you

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 19 May 2012

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