Eviction Ground
S K Dass
(Querist) 04 December 2009
This query is : Resolved
we are living in haryana. our tenant is not paying rent directly to us. we are claiming the rent in the court every after 1 - 2 years. In the court he is paying rent with interest and cost.
Then he started paying rent through Moneyorder.
He payed rent from jan 08 to april 08(4 months)through 1st moneyorder.
Again by 2nd money order he send rent from may 08 to aug 08 (4 months)
Again 3rd moneyorder we received was for the period of oct 08 to jan09 (4 month)
After that he become silent and didnot payed any more. (He missed / forget to pay rent for sept 08)
We filed eviction case and claimed rent from feb 09 to till date along with the rent of sept 08 in the court.
He payed the rent from feb 09 to till date with the interest only. for sept 08 he told in court that he has already payed through money order.
Now the case is pending in the court.
I want to know whether the short payment of rent is sufficient ground for the eviction of house or not.
Can anybody give me some links to similar type of case / judgement.
Regards
K D
Devajyoti Barman
(Expert) 04 December 2009
Though default in payment of rent is one of the grounds for eviction , once the tenant tenders arrears rent with the leave of the ld. court the default ground looses its significance for all practical purposes.
However even after getting leave of the ld.court the tenant again default to pay rent then the court may not condone the default ground.
S K Dass
(Querist) 05 December 2009
Dear Sir,
In the court also tenent is not accepting the short payment(sept 08) rather he is giving in writing that he has already payed through MO.
we have already submitted the MO receipt in the court.
he is tellying lie in the court, what action court can take against him.
Defaulter in paying rent is not sufficient ground for eviction ??
