Reg cheque petition disposal to deposit rents
Querist :
Anonymous
(Querist) 28 April 2010
This query is : Resolved
Pl urgently advice Sirs,
Tenant (Pet) has filed a IA petition to deposit rents in the court as the DD was returned by the defendant(owner).
Firstly, The DD was insufficient rent on the other hand it was sent on incorrect name thereby the bankers on tech grounds rejected to clear the same.The same DD was returned to the pet but the pet refused to receive the cover sent by RPAD.
Previously the DD even though insufficient was with drawn as the defendant is old 67 yrs. unemployed person and was depended entirely on the rent with no other source of income.To harass the owner, the tenant is not paying rents at all on the pretext of IA.
Since 1 year the tenant is not paying rent nor has deposited in court as the IA for depositing in court is still pending.
The defendant in beginning i.e., the first rent received by DD intimated the tenant by telegram to pay full rent, which the tenant failed to do so.
The def is penniless and is trying to find it hard to sustain. Is there any provision in CPC to direct the petitioner to immediately deposit the rents? pendig the IA filed?
and
is it sufficient that the def has informed in the initial stage to pay full rent and there by legally claim them. The pet has forged rental receipts to under value it by more than half the value.
In case forgery is proved can the def stand to claim rents as intimated by telegram?
Pl advice as matter is urgent.
sincerely
Raj Kumar Makkad
(Expert) 28 April 2010
It is better to file an eviction petition and non-payment of rent since last 1 year be also made one of the grounds therein along-with main ground of personal necessity. This is the shortest way to recover rent.
