Rental dispute
Vikram
(Querist) 30 January 2012
This query is : Resolved
We have registered rent agreement which expires on 2015. it is clearly mentioned in the agreement that rent has to be paid on monthly basis by 5th of every month. And if any condition in agreement is broken or not followed Owner can terminate this agreement with one month notice. Our tenant was not paying the rent in time. He was keeping it due for 4-5 months and then after regular followups he was used to pay in parts. After this when he again defaulted we gave him a notice of a month and he filed a case against this notice.This case is still going on since last 3 years now and worst part is tenant's lawyer on every date puts some reason of tenant being absent for date and requests for next date. This is continuing for atleast 2 years now.
Also since case is filed we have been requesting court for due rent on 6 month basis as he was not paying it. Court did gave orders to deposit and he did deposited for first year. But after that there is no rent paid for the period of 2 years now.
Can anyone guide me what action can be taken to force him pay all the rent?
Why court is not giving any result on the case as court has already witnessed that he is not giving rent regularly even after in a statement he has mentioned that he always paid rent in time as per agreement?
please guide me.. Some how I have lost faith in my lawyer as he is not explaining anything and just says we are helpless unless tenant remain present for next date.
I am in need of money now. Please guide me the fastest way to get this money.
Also this case is being run at ichakaranji in kolhapur district,state-maharashtra. is there any willing lawyer who is confident that he can get the result in quickest possible time?
total rent due is around 5lac now. I am ready to give 5% of the rental amount as a fee if i get it within 30-45 days.
please help I am in financial crisis.
ajay sethi
(Expert) 30 January 2012
no short cuts are avilable for recovery of money . no lawyer can guarantee you that you will recover moeny in 30-45days .
in addition lawyers cannot charge 5%asfees .
if tennat is taking dates and not appearing your lawyer should draw attention of court to dilatory tactics beeing adopted by tenant .
request court not to give further adjournments and give last chance to tenant on payment of costs
Raj Kumar Makkad
(Expert) 31 January 2012
There is no concept of short cut in legal procedure. It shall be better to come in Q.
prabhakar singh
(Expert) 31 January 2012
And the truth is that even if you surrender the entire 5 lakh no lawyer would be able to take your contract to set you free within 45 days.The necessity is that court takes it seriously and refuses to adjourn the case any further.
V R SHROFF
(Expert) 31 January 2012
RENT AGREEMENT EXPIRES ON 2015 IS ILLEGAL.
Your Tenant must have prayed for Standard rent, and That you cannot evict him .
In Mumbai Small cause Court, tenancy cases keep pending for decade. So you forget quick Result in 45 days with one table of 25k [your 5% on 5L], and cancer is cured!
Court takes it's own time!!
There is no short cut, there is no 5% commission to compete the job.
Jai Karan Nagwan
(Expert) 02 February 2012
Request in writting to court for ex-parte order or request for dismiss in default or (invoke order 9 rule 6 of CPC if suit is before civil court), However rent control have its different process.
Vikram
(Querist) 04 February 2012
Hi all Thanks for the reply.
Mr. Nagwan... Yes case is in civil court. N case is against the notice I sent for the termination of agreement on the basis of breach of agreement conditions.
Isn't it strange... Agreement clearly states some conditions and also states that breach of any condition will terminate the agreement with prior 1 MONTH notice, court can see he has been breaking n is still breaking the condition and still court is giving opposition party more time. I believe Justice delayed is justice denied. If this is what indian justice n law system then I think it is not to arrest crime... But to safeguard criminals. Looking at this process I also started feeling that I should take any property on rent and enjoy benefits without paying any rent.
Look at the responses here... It is proved very clearly law allowed shortcut for the tenants but not for the owners. :-).
Special thanks to Mr. Nagwan. Atleast guiding towards solution.
Vikram
(Querist) 04 February 2012
Forgot to confirm Mr. Shroff this is commercial property and agreement period is till 2015. N it is clearly mentioned in agreement that after agreement period is finished or once agreement is cancelled due to breach of any condition, tenant can tot claim on the property.
What do u mean by agreement expiry is illegal? Do u mean even period mentioned in the agreement is over, tenant can claim a property?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 January 2012
