Plaintiff filed an ejectment suit under transfer of property act 106 in O.S(Original suit). At the time of filing the suit, the rent was 109503 per year. I want to know whether this suit is applicable in O.S or any other act?
prem kumar (business) 13 March 2013
Plaintiff filed an ejectment suit under transfer of property act 106 in O.S(Original suit). At the time of filing the suit, the rent was 109503 per year. I want to know whether this suit is applicable in O.S or any other act?
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 March 2013
In an ejectment suit filed by the landlord against the tenant for recovery of the demised premises either under Rent Control Act or under the Transfer of Property Act, under Order XVA of the Code of Civil Procedure, during pendency of the suit, landlord is entitled to an order for deposit of the agreed rent and municipal taxes only.
If no such provision is available in the state of West Bengal, then remedy of such landlord to recover accruing rent during pendency of the suit will be under Order 39 of the Code of Civil Procedure or under the provision of Rent Control Legislation.
If the premises are not protected under any Rent Control Act, upon termination of tenancy of such tenant if the suit is filed under the provisions of the Transfer of Property Act, the landlord will not be entitled to an order against such tenant for mesne profit.
The landlord will be entitled to recover mesne profit at the market rate only after the decree in eviction is passed by holding separate inquiry under Order 20 Rule 12 of the Code of Civil Procedure.
In your case in a suit filed by the landlord, tenant will be liable to pay rent, municipal taxes and other rate or cess and maintenance charge if agreed or permissible under Rent Control legislation during the pendency of the suit.
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