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 We (my late father in 1981-82) ) have initiated fair rent proceedings under repealed act which was replaced by Maharashtra RC act 1999 in 2000 ..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
Raj Kumar Makkad
(Expert) 25 January 2020
It is not understood, how can a period of 15 years is required to finalize a rent petition seeking vacation on the ground of bonafide need? Generally it takes 2-3 years to finalize such petition before Rent Controller and further more or less 2 years before DJ and next 1 year before high court.
You through your lawyer try to get the case finalized/decided at the earliest. There is full hope of the vacation of your shop keeping in view the facts told by you. Once you property gets vacated, you shall get whatever you want. You can also get more than the agreed, as you asked in the query.
(Querist) 26 January 2020
Sir, I am extremely thankful for prompt response, Let me tell you my own experience ..My father filed fair rent (4/- per sqft) proceedings in 1986 finalized in 1998 then 2 years before collector in appeal & then before HC compromised, but 1 case admitted & final hearing took place in 2014 & I got justice in my favour. During pendancy my father initiated 20/- per sqft proceedings on same tenant which got result to me on Dec-18 ...now pending before appeal at final order. But now in 2015 I filed another standard rent under MhRC for getting 90/- per sqft ..in which I got ₹ 60/- as interim standard rent from date of filing & to be deposited per month till getting final order... that's why I am asking for getting some compensation during pendancy of Bonafide need case ....once again thanks to this forum & especially to advocate Mr Makkad
Raj Kumar Makkad
(Expert) 27 January 2020
As interim order has already been passed in your favour, you need to get it executed. The further proceedings initiated by the tenant are subject to compliance of the interim order so you need not to worry. Confine your kind attention towards the execution of the interim order but you are confined to get what ever has been awarded as interim measure.