we are tenants in a showroom at Chennai for past 40 years, the landlord had entered into new agreement with us few years back he told us to vacate the premise without any notice, we tried to negotiate with him but he was adamant that he will not pay us single penny, then he had opened to case against us of demolition and reconstruction and fair rent which is been proceeding in small causes court in Chennai
we had some financial crises of late and the fair rent he is claiming is around 4 lakhs per month as per the market value, our lawyer has in return had countered with 1.30 lakh rent, the judgment can come anytime now and i do know we can still apple in higher court and we are prepared to do that.
the question here and the problem we are facing is we are not in a position to pay the counter rent which our lawyer had presented and the arrears of rent difference is more than 18 months which itself comes around 20 lakhs if the rent is fixed on average by court around 1.50 to 2 lakhs
my question is to respected jury is
1) once the judgment is passed and if we are not in a position to pay the arrears of rent, in case if we are ready to vacate the premise after the judgment of lower court are we still liable to bay the arrears of diffrence amount of rent for past 18 mounts, in case if we are not able to pay will we be prosecuted under the law and how serious is this offence
2)is it advisable to take this case in higher court appealing the fair rent knowing that we will not be able to pay the fair rent whatever decided by court, are we liable to pay the fair rent arrears diffrence is we are ready to vacate the premises’
your valuable suggestions will be appreciated
