House owner not returning advance money

suresh (Querist) 23 May 2018 This query is : Resolved
I am staying for last one year on rent basis @9000/-pm.The owner had taken 3 months advance.Last month I intimated him to leave.But now he is telling not to return the rest 18000/-unilaterally in the name of painting.But actually nothing happened to to the wall. When I told him ,U call any one ,If he tells to give the money after seeing the room, I am ready to pay.But he is reluctant becoz he knows the outcome.Now what can I do against him to get my 18000/- back.
Pl suggest.

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Ms.Usha Kapoor (Expert) 24 May 2018
You file a summary suit under order 37 cpc for recovery of money++ interest + damages(Exemplary).

M V Gupta (Expert) 26 May 2018
If you have not handed over possession of the property, you may notify him that possession will be given only on refund of security deposit. Also mention that no rent will be paid until the SD is refunded and that he will be liable to pay interest on the amount in default. Please also check up whether the lease deed does not provide for withholding possession of the property till the SD is refunded.

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