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anilkumar yadav (student)     06 November 2020

Duty to pay rent

Before rent controller, the tenant got benefit of S.14(2) once back on 2013. In 2013 the landlord challenged the jurisdiction of Delhi rent control act over the suit premises and claimed eviction under TPA and mesne profits, the suit was returned with the finding that delhi rent control act applies to the suit premises. Since the civil suit was filed the tenant had stopped paying rent. Now landlord files a suit before rent controller alleging non payment of rent since 2013. Is it tenable? Will it amount to second default on non payment of rent?


Learning

 8 Replies

Isaac Gabriel (Advocate)     06 November 2020

Non payment of rent is a strong ground to vacate.cosult local lawyer.

P. Venu (Advocate)     07 November 2020

How there could be  civil suit when the Rent Control Act applies?

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anilkumar yadav (student)     07 November 2020

Tenant had challenged the jurisdiction of rent control act claiming recovery of possession and mesne profits. Meantime tenant had again stopped paying rent. Court came to the finding that rent control applies to the suit premises. now again landlord has to seek eviction under delhi rent control act. Now will the non payment of rent be takena s a ground for eviction.

P. Venu (Advocate)     07 November 2020

The facts posted are inconsistent.

Dr J C Vashista (Advocate)     08 November 2020

How was the case admitted by the Rent Control Court under section 14(1) of Delhi Rent Control Act, 1958 and granted benefit under section 14(2) of the Act to the tenant, when the Rent Control was not applicable as stated by you ???

The case is stated to have been remanded back for adjudication by same (Rent Control) court, where is the question of non-payment of rent ???

Inconsistance, fabricated and hypothetical facts for this academic exercise. 

It is advisable to contact and consult your professor /guide/ coach /tutor.

anilkumar yadav (student)     08 November 2020

2003-13 suit under rent control for rent default. 2013-20 landlord challenged rent control jurisdiction over suit property, dismissed. Held that rent control applies. Rent not paid for 2013-20. Before the tenant pays, landlord wants to file rent arrears as a ground for eviction as one benefit has already taken.

Tenable?

Dr J C Vashista (Advocate)     08 November 2020

Least convincing.

 


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