Unpaid house-rent

Guest (Querist) 03 September 2014 This query is : Resolved
Dear Ld. Members:

The tenant hasn’t paid rent for the past six months’.

Apart from filing a Non-Judicial Case in the appropriate Court and/or filing an Ejectment Suit what remedy is available?

Is locking of the tenanted premises by the Landlord a suitable and legal option?

Thanks in advance.....

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Advocate. Arunagiri (Expert) 03 September 2014
It is illegal.

Advocate M.Bhadra (Expert) 03 September 2014
as per query please note the following:-

1)Best option is filing of an ejectment suit in Civil Court on default ground.

2)Forcibly locking to the rented room by the landlord is a criminal offence.

Raj Kumar Makkad (Expert) 03 September 2014
I have also the similar opinion as of Bhadra.

There is no concept of non-judicial case of ejectment which you have mentioned.

C.V.Kansara (Expert) 04 September 2014
I agree with Mr. Bhadra

Devajyoti Barman (Expert) 04 September 2014
file a suit for eviction. TAKING EXTRA JUDICIAL MEASURES HAS ITS OWN RISKS.

Rajendra K Goyal (Expert) 04 September 2014
Agree with the expert Advocate M.Bhadra.

malipeddi jaggarao (Expert) 04 September 2014
Agreed with all experts.

Guest (Querist) 04 September 2014
Thank you Sirs...

However, I would like to add that arrears of rent are deposited in Court via Non-Judicial Case.

Devajyoti Barman (Expert) 04 September 2014
eviction suit nevertheless lies.

Raj Kumar Makkad (Expert) 04 September 2014
If the rent is being deposited in the court then definitely rent petition seeking eviction lies in the given facts.

Dr J C Vashista (Expert) 05 September 2014
File eviction petition through local lawyer.
Mr. Jhangir, can you explain non-judicial case, in Court, for deposit of rent?

Raj Kumar Makkad (Expert) 05 September 2014
Non-judicial word in the court proceeding is unheard.

T. Kalaiselvan, Advocate (Expert) 07 September 2014
I think the author is confused and putting it differently. Now since the tenant is depositing the monthly rent before the court through a rent control petition, he may be thinking that it is a non-judicial case, however, the owner has a case for eviction of tenant for willful default in case he had not refused the receipt of rent when offered by the tenant before depositing the same before the rent control court.

Raj Kumar Makkad (Expert) 07 September 2014
Eviction of the tenant can be prayed on many grounds and not on the one ground of non-payment of the rent regularly.