Can i demand court to fix interim rent ?
Struggling Landlord
(Querist) 22 November 2015
This query is : Resolved
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..
P. Venu
(Expert) 23 November 2015
What is the opinion of your advocate?
Rajendra K Goyal
(Expert) 23 November 2015
... I require the answer
--Good words to seek answers.
I am one of the victim of Indian Judiciary system... which is the slowest in the world...
-- Experience of how many countries?
Can the court fix interim rent...as per Sec 8, 4 (a), (b) as stated above ?
--If not satisfied with any order of court, you may go for appeal, either accept the order or go for appeal.
also tenant has to pay meagre amount for prolonging matter.
-- depends on final findings of the court.
K.S.Srinivas
(Expert) 24 November 2015
Take the advice of your advocate.
T. Kalaiselvan, Advocate
(Expert) 30 November 2015
As observed by experts above, your advocate has answers for all these questions. Expert Mr. Rajendra K Goyal has addressed all your queries properly.
Struggling Landlord
(Querist) 09 July 2018
Thanks to all ..specially to Adv. Goyal...Sir,... In one of my standard rent case I got an order of interim standard rent to be deposited by tenant every month till pendancy of the suit along with arrears of difference from date of filing.. to be deposited in court .. [since appeal was not allowed ..so WP challenged by tenant also got dismissed / review also got dismissed by Hon'ble HC.].. Tenant was paying Rs 800/-/m (1986) ..I demanded Rs 20000 /m ..then I applied for interim rent Rs 16000/- but the court granted Rs 9000/- ... I am extremely satisfied... now either tenant will deposit 9000/- else as per Sec 8 (4) (c) failing to deposit I can seek defense strike off... That way I may get speedily justice....Thanks to all entire team of LawyersClubIndia... forum...
Struggling Landlord
(Querist) 23 January 2019
Interim rent ordered....Thanks to lawyers club ...I got interim rent under sec 8...of My RC act... In original application I demanded 21000 pm rent .(old is Rs 800/- pm)...while asking interim I demanded 16000 rent ...but court ordered for Rs 9000/- from date of filing ...to be deposited in court ... arrears within 45 days ...and future every month on or before 10th of every month...till final disposal of case ....since appeal was not allowed...so WP in HC also confirmed the small causes court order... This happened in 4-5 cases in our region ....so through this forum I am ready to support any needy landlord / Mh rent act practicing lawyer .... thanks once again
Struggling Landlord
(Querist) 21 February 2019
Tenant can't get stay on execution / relief' from paying ordered rent ...if appeal is pending for standard / fair rent ....ie stay should be subject to condition of depositing 50% arrears and continue to deposit every month the ordered rent ...if final decision is lower than the demand then tenant can prolong his stay ...if excess then he has to pay difference ...landmark judgement by Hon'ble D Y Chandra HUD ...
