How much rent to pay ...
tdeli
(Querist) 23 September 2012
This query is : Resolved
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 ordered u/s 15(1)of the DRC Act to deposit Rs.1000/- per month as rent till any future order is passed.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.1200/- from coming month.
Should the tenant pay rent in future as per the courts order passed u/s 15 of the DRC in the treasury or as per this new demand of the landlord.
Should the tenant reply to landlord regarding this new notice or should he move an application before the court regarding this new development.
Is this some kind of a ploy by the landlord so that the tenant makes a 2nd default regarding the payment of rent.
Thanks ...
ajay sethi
(Expert) 23 September 2012
as per interim orders passed by court you have to pay only rs 1000 in court which you have duly complied with .
in response to legal; notice from landlord draw his attention to interim orders passed by court wherein you are required to deposit only rs 1000 per month . in addition mention that you shall comply with any final orders passed by court regarding amount to be paid .
you must have negaged a lawyer for defending the case . go by his advise
tdeli
(Querist) 23 September 2012
Do i need to reply to his Legal Notice or can i just ignore this notice and continue making pavements a per courts order
Yes i have engaged a lawyer but the advise here is always very valuable.
Thanks a lots Ajay Ji.
prabhakar singh
(Expert) 23 September 2012
In my opinion you only need to comply with courts' order as the case is pending land lord has no right to issue any fresh notice to you out of court,rather he should seek modification in the order passed by court.
