defaulter leasee;recovery-Dues-Possession house
(Querist) 10 May 2008
This query is : Resolved
lady Im-82yrs having ownership apartment aprmnt in maharashtra-given on oral lease Rs3000/pm 3monts rent recvd possession given. Thereafter one or the other pretext delaying payment.resulting in huge arrears RS50000/+ im in need of money.Qwhat are the ways-Legal/otherwise to recover dues&possession in absence of written –registered agreement?Q.may I be able to file suit in court of COMPETENT AUTHORITY /civil suit?Qwhat will be % of court fees for LADY SENIOR CITIZEN? Q.Any sp. Provision for EARLY disposal /hearing for S.CETIZEN?minimum/max period for Final Orders? Q should leasee have to Deposit dues in the court /to me;immediatelyor at the end of JUDGEMNT?
H. S. Thukral
(Expert) 10 May 2008
It appears that Maharashtra Rent Control Act is applicable in your case. You have to give a notice as per law to the tenant demanding rent due and then if it is not paid by the tenant with in a period of 90 days you can bring in a suit for eviction. Within 90 days of issue of summons to the respondent tenant, he/she has to deposit outstnding rent along with simple interest as applicable, in the court. The court may order payment to the landlady of an amount out of that so deposited pending disposal of the suit. If the tenant pays/deposits the outstanding rent and continues to pay future rent he can not be evicted from the premises on this ground.
There is usually very small court fee on such application for eviction.
If the rent control act is not applicable in your case you can simply terminate the lease by giving 15 days notice and file suit for possession/recovery of rent due/mesne profits/damages etc. In that case you shall have to pay court fee on the amount due to be recovered and an undertaking that you shall pay court fee on the damages /mesne profits which shall be awarded to you. I donot find any provision in the court fee act allowing a rebate to senior citizens. There is no provision for any interim relief to the landlord in such an eventuality of going to a civil court.
Please be advised to engage a local lawyer for practical solution to your problem.
(Expert) 11 May 2008
Kindly get all the document where in its shows that the said lease property belongs to the lady.
Then apply to the court for eviction of the party (through police),who is currently in possession of the property ,stating that they are in wrongful possession of the property and are trespassing on the property of the lady.
And as also for damages caused to the land by the wrong possession and trespassing by the adverse party
The main point of the argument in this case would be a age factor of the lady and also the fact that the adverse party has exploited the naive nature of the lady,that is by fooling the lady to give the property merely on the basis of oral lease, also that on the grounds that the lady doesn't have any other source of the income than from the said property.
Why a criminal case?...
the purpose to be argued would be to aviod and prohibit any unwanted or unwarranted act from the adverse party
The real reason would be to create a pressure on the adverse party and thus make them pay for the remaining amount with interest