Can i get compensation (high than agreed r) as order xv-a ?
(Querist) 25 January 2020
This query is : Resolved
Can I demand compensation / damages higher than the agreed rent under Order XV-A of CPC ? Case in brief is .. My tenant is very old since 1965-66 and is paying Rs 1000/- for 1000 sq ft shop block since 1965. He is governed under rent control act (MhRC 1999). whereas he is also a landlord having equally valuable property just 1 km from shop block. which he has rented since 2000 @ rate of Rs 65/- per sq ft per month. (ie he is getting Rs 1.60 lakh + rent and he is paying me Rs 1/- per sq ft since 1966. We (my late father in 1981-82) ) have initiated fair rent proceedings under repealed act which was replaced by Maharashtra RC act 1999 in 2000 .. but due to my fathers ill health and some other priorities that case was not prosecuted well and got dismissed somewhere in 2006-7. My father told me that legal process is very tidious and time consuming and since he is also landlord he may vacate if you (me) want shop for bonafied need ... So in the year 2011 I reuested to vacate 50% portion of shop. he replied orally that his tenant bank is lease expiring soon Dec-2011 so after that we will shift our business. So relying on his words I waited for year and enquired bank manager for there vacacy, he told some negotiatios are going on .. so i waited till 2014 and finally filed bonafied case .. that case is still pending almost 5 years over . he is paying Rs 1/- per sq ft . My humble request / query to this estimed forum that "Can I ask to tenant to deposite compensation (more than Rs 1/- may be Rs 50+ per sq ft its current government value rate which is lower than market rate which is Rs. 100+) under Order XV-A of CPC and continue to deposite some per month rent as compensation from date of filing of bonafied need since as per my knowledge and past experience this case may take another 10 years+? we were not able to fight earlier because of financial plight ..but now i came across this forum and from my last experience I had very good response from your forum and i am ready to support reasonable amount if my query get resolved / sugestiion ... thanks in advance