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Can i pray in plaint: deposite x amount in court till pendancy? donate 10% to legal poor welfare a/c

(Querist) 10 December 2014 This query is : Resolved 
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
Guest (Expert) 10 December 2014
Reading Your Query I really Feel Sorry For You.You need a Local Good and Dynamic Advocate For your Case.Consult Them.I am Sorry to Suggest you If you Get an Good Offer for your Asset in Litigation Better Do It If it Suits You.The Present Rent mentioned by you is much Lesser than Even Bank Interest.
Rajendra K Goyal (Expert) 10 December 2014
Court would not agree to direct the tenant to deposit Rs. 50/- P sq. ft. rent per month in court, pending suit, as per your plea that you would donate a part of it. No such law exist that in the name of donation court would order to deposit demanded rent in court pending suit.

Consult a local lawyer and proceed if no amicable solution is possible.


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