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Arrears of rent during an eviction suit

(Querist) 27 February 2012 This query is : Resolved 
My father has filed an eviction suit in 2008 and the case has been heard at the local civil court in bangalore. He has not recieved rent from the time of filing the suit Is he entiteled to receive arrears of rent? We have been told that we can only file for damages/arrears after culmination of the suit. Cant he receive the arrears during the coarse of the suit?

Mahendra
H. S. Thukral (Expert) 27 February 2012
You can claim admitted rent and arrears too during the proceedings by filing an application in the court.
Raj Kumar Makkad (Expert) 27 February 2012
You have not told the grounds of eviction. Had your father made a ground of non-payment of rent and would have demanded the arrears of rent, there must have been payment of entire arrears within a period of 15 days of the appearance of the tenant in the court.

Anyway, ensure the grounds and if there is some lacunae, make an application before the court and demand the entire arrears of the rent and pray for direction to the tenant to make the payment of the rent in time either before the court or directly to the landlord.
Khaleel Ahmed (Expert) 27 February 2012
You are advised to file application before the court for recovery of the receivable rents from the tenant.
Advocate M.Bhadra (Expert) 27 February 2012
You can file a leave petition for collection of arrears of rent during adjudication of suit, you can also file a petition of mense- profit which you will get after passing the order.


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