Non payment of rent
kamal
(Querist) 07 March 2012
This query is : Resolved
suit was filed for non payment of rent and subletting 1yr. back.pending suit sub lette filed suit for stay to them to continue. his application on my plea was dismissed and they vacated their portion and handed over possession to me. since landlord did not vacate and didnot pay rent case is going on.tenant did not appear on many dates and court struck his defence and case came to exparte evidence. on day of exparte evidence he moved an application to set aside exparte evidence. i requested court to agree to tenant request . court then posted the case to arguements for assessment of rent.pl. guide how i should claim rent. from date of default to till date or from date of default to date sub lette vacated the portion as after sub lette vacated possession came to me.further pl. guide whwather it will affect my case against main tenant. furter if court assess rent after arguements can tenant appeal against that. chances are also that on date fixed for arguments he may not appear to delay proceedings. in that situations can court determine rent ex parte on the basis of our petition
ajay sethi
(Expert) 07 March 2012
your facts are not clear . how is landlord liable for vacating premises? how is h eliable for payment of rent?
ajay sethi
(Expert) 07 March 2012
if tenant does not appear on date court may adjourn the case . it is only if he fails to appear on adjourned dates court may pass reasoned order .
Nadeem Qureshi
(Expert) 07 March 2012
Dear Kamal
I agree with Mr. Sethi
kamal
(Querist) 07 March 2012
sorry i have written word landlord instead of writting tenaant kindly read word tenant insead of landlord in 4th line of my question
Kirti Kar Tripathi
(Expert) 07 March 2012
it is very difficult to make amendment in query and understand. Dear Kamal, it is better to re post this query after correction.
Deepak Nair
(Expert) 07 March 2012
Please clarify as asked by the learned experts.
Raj Kumar Makkad
(Expert) 07 March 2012
The query is very clear except at one place author wrongly wrote the word landlord instead of tenant. We experts are expected to read between the lines and not lines.
Anyway, you had rented your premises to tenant and not to sub-tenant so your matter with sub-tenant has no meaning while deciding/assessing the rent with the tenant. You shall have to claim the entire amount due but limited to 36 months prior to the filing of rent petition.
If tenant do not appear on the next date of hearing then court shall proceed ahead and its ultimate benefit shall go in your favor.
