Non payment of rent by tenant

This query is : Resolved 
 


Querist : Anonymous (Querist)
25 December 2011

tentant has not paid rent for last 24 months. suit was filed for eviction on grounds of non payment of rent 10 months before. but case is lingering on for reply of defendenti.e tenant judge is giving long adjournments saying it will be last opportuinty. rent is also not assessedyet. pl. guide how long defendent can get adjournments to reply our plaint

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Dayananda Gowda (Expert)
25 December 2011

In eviction suit court has no power to give long adjournment. Request your advocate, to oppose any adjournment and demand to deposit the balance of rents in court

ajay sethi (Expert)
Click to Talk
25 December 2011

request the court to garnt a last chance to defendant to file reply . if such an order is passed and defendant falis to file reply the court can direct that suit be proceeded without reply of defendant .


legal proceedings take time and there is no short cut . the long adjourments may be because of pendency of number of cases

DEFENSE ADVOCATE.-firmaction@g (Expert)
25 December 2011

Eviction of tenant has many latches.

1) Court may fix standard rent.
2) court will allow time to pay due rent any time before final hearing.
3) If tenant disputes dues burden is on landlord to prove.
4) If notice is not issued prior to filing of suit claiming due rent the case will be dismissed.
5) and many more such latches in the sleeves of defense since power of defense is immense.

DEFENSE ADVOCATE.-firmaction@g (Expert)
25 December 2011

Eviction of tenant has many latches.

1) Court may fix standard rent.
2) court will allow time to pay due rent any time before final hearing.
3) If tenant disputes dues burden is on landlord to prove.
4) If notice is not issued prior to filing of suit claiming due rent the case will be dismissed.
5) and many more such latches in the sleeves of defense since power of defense is immense.


Querist : Anonymous (Querist)
25 December 2011

is it necessary that defendent is to reply within 90 days fromhis first appearance in the court

Advocate Bhartesh goyal (Expert)
25 December 2011

As per order 8 rule 1 of C.P.C defendant has to file reply of plaint within 30 days from the receipt of summon which can be extended upto 90 days by court.If defendant fails to submit the reply within such period court can pass the order and forfeit his right to submit reply.

prabhakar singh (Expert)
26 December 2011

OF which STATE THE MATTER IS??

In many state rent laws there is found law to strikeout defence if arrears not deposited by tenant???????????


Querist : Anonymous (Querist)
26 December 2011

THE CASE RELATES TO STATE OF PUNJAB. OUR ADVOCATE INSISTED THAT SINCE DEFENDENT IS NOT REPLYING HIS DEFENCE SHOULD BE STRUCK OFF. BUT JUDGE IS ADAMENT AND HAS GIVEN 3 TIMES LAST OPPORTUNITY BY IMPOSING MINOR PENALITY. HE SAYS REPLY OF DEFENDENT IS TO BE TAKEN IN ANY CASE. I AM SUFFERING LOSS WHILE TENANT IS ENJOYING PROPERTY WITHOUT PAYING ANY THING. SIR GUIDE WHAT TO DO.

Devajyoti Barman (Expert)
Click to Talk
28 December 2011

Default in making rent even after filing a suit for eviction is a ground for eviction.


Querist : Anonymous (Querist)
28 December 2011

MADAM DEVAJYOTI,10MONTHS RENT HAS BECOME DUE AFTER FILING OF SUIT.OUR PLEAS TO JUDGE FOR GETTING US RENT ARE NOT BEING HEARED. JUDGE SAYS HE HAS TO TAKE REPLY FROM DEFENDENT/TENANT BEFORE ASKING HIM TO PAY RENT FOR WHICH ADJOURNMENTS ARE BEING GIVEN WITHOUT ANY VALID REASON FOR THE LAST 7MONTHS. 90 DAYS CLAUSE TO REPLY FROM DATE OF APPEARANCE IS ALSO NOT BEING ADHERED TO. I AM SUFFERING LOSS AS TENANT WILL NOT PAY RENT AT ALL AND AFTER 2-3 YR WILL VACATE. KINDLY GUIDE WHAT TO DO.

DEFENSE ADVOCATE.-firmaction@g (Expert)
28 December 2011

In many cases SC has allowed acceptance of WS with costs so nothing wrong in it.

Tenant can seek time for payment of due rent.,he may apply for fixation of standard rent which may be much less and may also dispute your accounts which as a rule are not properly maintained by most of the landlords.

Keep cool you have many miles to go , two three years are nothing in such matters.


Querist : Anonymous (Querist)
29 December 2011

HOW LONG JUDGE CAN GIVE ADJOURNMENTS? THERE MUST BE SOME RULES IN THIS REGARD. CAN ANY EXPERT TELL. IF JUDGE CONTINUES LIKE THIS CAN IHAVE RECORSE AGAINST THIS. IAM SURPRISED JUDGE IS DENYING ME THE DUE RENT EVEN AFTER FILING OF SUIT


Querist : Anonymous (Querist)
21 January 2012

SINCE DEFENDENT DID NOT REPLY COURT HAS STRUCK OFF DEFENCE. NOW HOW CASE WILL PROCEED AND TIME WILL BE TAKEN TO PASS EJECTMENT ORDRERS



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