Order 37 for realisation of arrear rent

Guest (Querist) 05 February 2015 This query is : Resolved
Learned Colleagues:

Whether a Money Suit can be initiated under the scope of Order 37, CPC for realisation/recovery of arrears of rent based upon just a Rent Agreement?

The tenants fled without paying two months’ rent in October 2014 and the Rent Agreement expired on 31/12/2014. Tenants used to pay cash and Rent Receipts were duly issued.

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Devajyoti Barman (Expert) 05 February 2015
yes, money suit can be filed for recovery of rent.

Rajendra K Goyal (Expert) 05 February 2015
You can file recovery suit against the arrears of rent.

Guest (Querist) 05 February 2015
But Sirs, is the provision of Order 37 appropriate in this case?

As this is for recovery of arrears of rent.....

ajay sethi (Expert) 06 February 2015
suit is based on written contract . order 37 applies to written contracts

Anirudh (Expert) 06 February 2015
You have indicated that the rent agreement expires on 31.12.2014.

When did the rent agreement started?

T. Kalaiselvan, Advocate (Expert) 06 February 2015
You will be having the security deposit amount with you, have you appropriated the same towards the arrears of rent?

Guest (Querist) 07 February 2015
No security deposit was demanded. Rent was collected by way of cash.
Since rent was collected by way of CASH can the suit be instituted under Order 37???

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