Should i move an application in court ...
tdeli
(Querist) 06 October 2012
This query is : Resolved
I had asked this question and it is resolved but as i need a littler clarification so asking this ques.again, please help me.
The Landlord filed a Case for Non Payment of rent u/s 14 (1)(a) of the Delhi Rent Control Act claiming that he had sent a Legal Notice to the Tenant for Non Payment of rent and Increase of rent by 10 % as per the Lease Agreement from Rs.1000/- to Rs.1100/- to which the tenant never replied.
The tenant claimed before the court that he had never received any such notice and he had already paid the rent in advance to the landlord.
The case continued for non payment of the rent on its merits and the court passed an intereim order u/s 15(1)of the DRC Act to deposit Rs.1000/- per month as rent .The tenant is duly depositing rent @ Rs.1,000/- as per courts order in the treasury for last 6 years.
Now the Landlord again sends a Legal Notice to the tenant claiming a further increase of rent to Rs.1100/- AS PER THE LEASE DEED from coming month.
Can i move any kind of application in the Court so No risk arises as some case laws may be adverse or a simple reply to the notice will be enough.
Thanks ...
ajay sethi
(Expert) 06 October 2012
we had already replied to query in detail . if you need any clarifications post it in same thread .
to reitertae reply to notice that as per court orders you have to deposit only 1000 per month as rent .
Adv.R.P.Chugh
(Expert) 07 October 2012
Lawful increase is 10 % every three years. Such increase cannot be averted, as the same is a matter of right for the landlord.
tdeli
(Querist) 07 October 2012
Now here we get a diverse opinion...
@ajay sethi ... Im thankful of the reply but my only ques. is ' should i move an application in the court" ... my earlier query has resolved status so i opened this query for just one specific query... thanks ...
@Bharat chugh ... so in ur opnion he can increase rent by sending a notice and if rent is not increased and deposited in lower rate can it be also treated as default ... thanks ...
