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T Nandakumar (Senior VP)     08 November 2010

Petition for Fair Rent

I filed an eviction petition against my tenant in April 2009 on the grounds of wilful default in the payment of rent and maintenacne charges for the period from Nov 2008. The proceedings are still going on and the tenant has not deposited the rent with the court as required under Sec. 11 (4) of the Tamil Nadu Rent control Act.

I intend to file a fair rent petition as the proceedings are taking time. Is it legally possible to file a fair rent petitition with a retrospective effect, in this case, from Nov 2008 onwards, the defaulting period. If I get an eviction order in the next 3 months, shall I proceed with the fair rent even after the vacation of the house for the period from Nov 2008 until the vacation of the house 



Learning

 1 Replies

M. A. Khan (advocate)     08 November 2010

you can seek mesne profit from your tenant after he is evicted.  However, there has to be prayers for mesne profits in your eviction petition.


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