Regarding default in rents by tenant.
Rajini Sunderraj
(Querist) 16 October 2011
This query is : Resolved
Learned Sirs,
My tenant had filed a suit for injunction in the junior civil court that i was forcefully trying to evict him.
The case was decreed in his favor in Jan 2011, that I should evict him using due course of law.
During he pendency of the case, when I rejected the rents on grounds of insufficient rents he filed a IA to deposit the rents into the court.
The Hon'ble court did not dispose off the IA, but decreed the suit.
My tenant has not paid rents for 4 years and 7 months. He is still in possession of the rented portion.
My QUERY is Sir,
What to do to recover rents, can i recov with enhanced rents. I am regularly sending notices for him to clear the dues.
Can i file eviction on grounds of non payment of rents? Any another grounds to proceed with this case. This is become nuisance and loss to me.
ajay sethi
(Expert) 16 October 2011
when he wanted to pay you rents you did not accept it . he filed IA to deposit rents in court asyou refused to accept the rent .
now you issue him notice that no rent has been paid for over 4 years and request him to make payment failing which you will be constrained to take legal proceedings for his eviction .
prabhakar singh
(Expert) 16 October 2011
You have not stated about any agreement of tenancy between the two and have also not stated if the building is regulated by any urban tenancy of state legislation which are
necessary facts to properly analyse the case.
Otherwise if it is a simple tenancy under Transfer of property Act as a tenancy month to month then serve upon him a notice of one month demanding arrears of rent and terminating his tenancy demand possession by vacation and in case failure desired damages for wrongful use and occupation,and file the suit accordingly.
Raj Kumar Makkad
(Expert) 16 October 2011
In addition to reply of prabhakar singh, I suggest you to insert the grounds for eviction petition as under:
1. Self use as you have no other urban shop to run your requirement;
2. Non-payment of rent;
3. Nuisance creator;
4. Loss to property;
5. any other ground as per facts of your case.
Devajyoti Barman
(Expert) 18 October 2011
Not a big issue.
File a suit for eviction of the tenant on the ground of reasonable requirement and for default in paying in rent.
Now the tenant will wither have to pay the arrears rent or have to waive his defence to fight the suit,
