Struggling Landlord
25 January 2020 at 12:03
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 We (my late father in 1981-82) ) have initiated fair rent proceedings under repealed act which was replaced by Maharashtra RC act 1999 in 2000 ..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
Struggling Landlord
10 July 2018 at 10:34
I have executed Compromise Decree (in Boanafied Need Case) under that decree there is clause about vacating block which is binding to both which says
Clause 9 "In case of PLAINITFF (LandLord) needs the block then he will give 6 months notice to defendant ie his tenancy will be terminated and defendant shall vacate piecefully within 6 months failing which plaintiff can seek due legal procedure for getting vacated and defendant is liable for damages from date of termination."
Events : In 2012 Bonafied Need Case filed (u/s 16(g) of MhRent Control Act 1999) in 2012, at the time of WS/reply of defendant both parties executed Compromise Decree before Mediation..with above clause 9 regarding vacation"
Then
After 4 years (2016) since we needed a shop so we gave written letter to defendant in Oct16.. then after 8 months ie in Jun17 we refunded / transferred the security deposite directly to his a/c along with letter of intimation and ask him to vacate as per clause 9.
Tenant refused by sending letter along with cheque of our SD in Jul17.
Then in Sep17 we filed decree for execution...
The defendant counsel is arguing before hon'ble court that as per Clause 9 the plainitff shall prove the need again before court"
But my lawyer says since defendant has accepted compromise in earlier bonafied need case that itself implies that he has accepted the need of landlord and voluntarily executed the compromise decree to avoid litigating expenses/ to keep co ordial relation.... So as per Clause 9 .. the need of LL is not required to prove again ... and the meaning of using legal procedure is to file execution case... and get it vacated...
Citation Refered (AbedAli / Devidas Bombay HC 28Sep2011) Hon'ble Bhatkar Judgment
This forum in earlier querries helped me a lot .. thanks once gain to all (I got interim standard rent in one of my std rent case)
Now once again most respectfully I seek expert advice about my above querry... (I am fighting with this tenant since 1986... he is since 1976)....
thanks once again
Struggling Landlord
28 April 2016 at 20:21
Do I require separate PoA for HUF or the individual will work ?
Struggling Landlord
11 December 2015 at 11:18
My tenants are very old (low rent paying) and are protected under regional Mh rent Control act 1999... Litigations are in process... But are able to prolong matter by paying small amount ... (I am facing genuine trouble--due to this attitude)... Now it has become part of my routine life...Your forum has helped me a lot... thanks to all ....
One of my tenant had displayed brand name on his shop along with his firm name....(We have not allowed other tenants to display name of any brands other than his own registered firm name).....
Can I remove forcibly the attached display board..? on such event what legal action the tenant may take ?... (this time I dont want to move court for such petty issue)...
since any other act against tenant comes under criminal act... so I am thinking of this remedy......
Please suggest your valuable opinion...
(My lawyer says we will file injunction application to restrain him for display...) But now I don't want to go to court on my own ....but let the tenant approch to court ......
So I need expert advice....
thanks in advance....
Struggling Landlord
22 November 2015 at 21:14
Sir,
As per Maharashtra rent control act 1999
Section 8. Court may fix standard rent and permitted Increases In certain cases.
(4) (a) Where at any stage of a suit for recovery of rent, whether with or without a claim for possession, of the premises, the court is satisfied that the rent is excessive and standard rent should be fixed, the court may, and in any other case, if it appears to the court that it is just and proper to make such an order, the court may make an order directing the tenant to deposit in court forthwith such amount of the rent as the court considers to be reasonable due to the landlord, or at the option of the tenant, an order directing him to pay to the landlord such amount thereof as the court may specify.
(b) The court may further make an order directing the tenant to deposit in court periodically such amount as it considers proper as interim standard rent, or at the option of the tenant, an order to pay to the landlord, such amount thereof as the court may specify, during the pendency of the suit;
(c) The court may also direct that if the tenant fails to comply with any order made as aforesaid, within such time as may be allowed by it, he shall not be entitled to appear in or defend the suit except with leave of the court, which leave may be granted subject to such terms and conditions as the court may specify.
The current rent is Rs 1/- per sq ft per month where as in vicinity the rent are Rs 100/- per sq ft... I have filed case for fixing standard rent .., and I also prayed to order / fix interim rent at Rs 50/- per sqft to be deposited by tenant in court till the pendancy.
Can the court fix interim rent...as per Sec 8, 4 (a), (b) as stated above ?
Please reply.... I require the answer since I am one of the victim of Indian Judiciary system... which is the slowest in the world...
also tenant has to pay meagre amount for prolonging matter.
thanks in advance.. waiting for reply..
Struggling Landlord
20 January 2015 at 07:44
Sir,
I have an SC Judgment (attahced PDF 4422/2011) Guidelines for minimizing LL-Tenant Fair Rent Case.. I wanted to file this in lower court (Small Cause) in my Fair Rent case… (MhRent 1999 Act) but some senior advocates says :
1. Its not applicable since its derived from Hariyana Act …
2. Some says its derived from Eviction Case
3. Some says MhRent ACT has clear section for Fair Rent/Standard Rent so this Judgment is of no use …
Excerpts from SC Judg (Guide Lines for settling FR case says)
“21. According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels ….. follows guidelines.. (attached pdf)
I am not lawyer but as per my belief law is for majority and based on common sense..and SC judgment is for all over India.. for (LL-Tenant----FRent litigations)
In majority of fair rent cases they were decided in favour of LL (since they litigate for more than 10 yrs) and the rent demanded by LL becomes meager while coming before HC/SC
So I think these guidelines are for lower court to decide at their level.. (then why this citation is not applicable in my fair rent case)
I am sharing on this site for your thought and advice…. Thanks in advance
Struggling Landlord
20 January 2015 at 07:34
Sir.
When can we say FIXED by the court ? if appeal pending … (its Sub-judice) and at HC level - compromised on HC direction …but HC didn’t endorsed/FIXED..So can we say FIXED by court?
As per MhRent Control 1999…
Sec 7(14) "standard rent', in relation to any premises means,-
(a) where the standard rent is fixed by the Court, the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 such rent plus an increase of 5 per cent, in the rent so fixed; or
(b) where the standard rent or fair rent is not so fixed, then subject to the provisions of sections 6 and 8,
(i) the rent at which the premises were let on the 1st day of October 1987; or
(ii) where the premises were not let on the 1st day of October 1987, the rent at which they were last let before that day, plus an increase of 5 per cent, in the rent of the premises let before the 1st day of October, 1987, or
(c) in any of the case specified in section 8, the rent fixed by the court;
In my case I have filed FR case in 1986 (on 6 tenants)… Demanded Rs 4/- per sq ft per month which was ordered in my favour in 1998 (12 yrs) from date of file (1986)…
Then challenged in appeallate.. again ordered in my favour (after 3 yrs ie 2001)
thereafter WP filed by tenants … at this stage HC warns/suggested to compromise…
So can we say Rs4/- per sq ft per month is decided by the court ? or is still pending…
(since whenever after 1998 I filed case for recovery of rent @Rs 4/- all Judge stayed my application saying matter pending in appeallate)
Now since it is compromised then can I say it is decided by the court ?
Your advice is very much valuable …. If you say decided then as per Sec 7 … It will be great injustice to me since I will get very meager rent in 2015… it will be 4/-+5% (in 1999 when act came in force) + 4% every year which comes to 9/- rs approx… (whereas in vicinity in same building I have given on Leave & License in 2007,08….09 @ Rs 90-120 per sq ft per month)
I have approached 3-4 local (senior advocates) in my region… (But from their knowledge ..after asking my thorough in depth querry…(with citations…it seems they are confused didn’t convinced me)…. Then I finally relied on SC 2011 Judgment (Guidelines by SC for deciding FR…to minimize landlord-tenants litigations at all levels)
then 2 (HC Adv) says this citation is derived from different act.. (Hariyana so it is not applicable) where as 2 (HC Adv ) says its derived from Eviction case hence it is not applicable…..
Excerpts from SC Judg (Guide Lines for settling FR case says)
“21. According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels.
These are as follows:-
(i) The tenant must enhance the rent according to the terms of the agreement or at least by ten percent, after every three years and enhanced rent should then be made payable to the landlord. If the rent is too low (in comparison to market rent), having been fixed almost 20 to 25 years back then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in the surrounding areas, let out on rent recently.
…………………….” Attached Judgment
Now finally my querry is pending before very senior SC retired lawyer…(He asked me to wait) but before that I am sharing on this wonderfull site.
Thanks in advance
Struggling Landlord
10 December 2014 at 13:29
One of my old (40 yrs) tenant is paying 1 rs /sq ft where as adjacent shops are giving 100,150... 250 per sq ft) ?
Tenant is also landlord, he had rented his shop at Rs 70 /per sq ft in 1 km distance... Tenants says he will delay the case for 3-5 years..(also as did by other old adjacent tenants (7 yrs) during bonafied need litigations)...
So can I pray in PLAINT and ask to DEFENDANT to deposite at least 50/% ie (50rs per sq ft monthly rent in court till pendancy of suit...So that at least tenant shall also be punished/ have some trouble.. and may not prolong the suit?) , I am also ready to donate 10 % of deposite to legal welfare a/c for poors, So I can ask this type of prayer in my PLAINT for bonafied need for my wife...
I am landlord having more than 20 rented shops (heart of city), After long litigations I tried to vacate/increase rent etc. But some (2-3) tenants now become landlord (rented their owned shops at higher rent) But occupying my shops at very old rent...
As per MhRent C1999 act I can demand bonafied (I did so for another 3 shops and get them vacated for me)... While vacating I also kept humanity on top (by sharing with old tenants ..gave 1/3 shop though decree was for full shop tenant being poor)... But for these 3 tenants(who are now landlords ) I am demand bonafied need for my wife, I could not demand increase in rent (Since in MhRC1999 standard rent is not supporting for getting Fair rent, It says I can demand 4% per annum on base rent... and base rent is just 5% above rate of rent at 1987 rate...In this way it becomes just 1.80 rs per sq ft)
Thanks in advance
Struggling Landlord
19 November 2013 at 16:22
A Compromise Decree was passed before mediation Between me and tenant.
Term was defined as 3 years (Jan11..Dec13)
Renewal Clause : After the expiry of the term period both the parties may mutually agree to extend the period on such T&C as may be mutually agreed from time to time with minimum increment of 15% on prevailing fees for next 2 renewals.
31-Dec-13 is coming to end 1st term.
My querry is can I disagree to continue after Dec13 and cancel the decree?
After disgreeing to continue the relationship of landlord and tenant Can I directly file execution for getting vacation of shop?
what other consequences which may I have to face by disagreeing ?
thanks in advance
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Can i get compensation (high than agreed r) as order xv-a ?
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