Rent laws
pawan kumar
(Querist) 04 May 2012
This query is : Resolved
eviction orders passed by lower court for non payment of rent. can appeal be filed or stay can be taken to avoid eviction. in case landlord files execution of eviction decree what type of objections can be raised to save eviction
Suhail A.Siddiqui
(Expert) 04 May 2012
U have all right to file appeal and injunction against execution proceeding and operation of order
ajay sethi
(Expert) 04 May 2012
supreme court
Rent and Eviction - Eviction order or decree - Appeal or revision - Stay of eviction order - Can be granted subject to terms including payment of higher rent than contractual rent - Status quo ante is to be restored in case appeal or revision of tenant is accepted and tenant is entitled to get back the amount paid in.........
https://www.lawmirror.com/search.php?...non%20payment%20of%2
ajay sethi
(Expert) 04 May 2012
Tenant can be evicted for non payment of rent
TNN Mar 19, 2009, 02.09am IST
PANAJI: Pesky tenants defaulting in paying rent to landlords, after assuring the rent controller of doing so, are liable for eviction.
In a recent order, the high court of Bombay at Goa upheld the decision of the administrative tribunal and the rent controller that ordered eviction of a tenant for the failure to pay rent after the institution of eviction proceedings by the landlord.
99acres.com/Rent+FlatsThe dispute arose when tenant Ashok Vernekar failed to pay rent to his landlord Umabai Kesarkar in October 1988 for a premises he had rented in Margao. A case was instituted for his eviction, however, Vernekar deposited the rent and the case was disposed.
The second round of the legal battle commenced when the tenant failed to pay rent in 1992. Again eviction proceedings were filed before the rent controller by the landlord. This time, during the course of the hearings, the tenant agreed to pay Rs 9,450 up to March 2000, but failed to do so.
The rent controller in 2002 stopped proceedings in the case and directed eviction of the tenant. This order was passed under section 32(4) of the Goa, Daman and Diu (Lease, Rent and Eviction) Control Act, 1968, which provides for the eviction of a tenant who fails to pay or deposit the rent as required by law after the institution of eviction proceedings.
The order was upheld by the administrative tribunal in 2008 and was challenged by Vernekar in the high court.
Upholding the tribunal's decision, justice N A Britto said, "Here is the case of a petitioner who appears to be a recalcitrant tenant. When for the second time, such proceedings for eviction were filed, also on the ground for non-payment of rent, it was certainly expected of the tenant to deposit the rent or pay it to the landlord immediately."
Despite several opportunities, Vernekar neither deposited the rent nor paid it to landlord, nor showed any cause for non-payment, the judge held.
Shonee Kapoor
(Expert) 05 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 06 May 2012
No more to add.
M V Gupta
(Expert) 06 May 2012
If no appeal is filed against the order of eviction, resisting the execution application is not possible. At best you may be able to get some time to vacate the premises.
