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karthik (manager)     12 February 2014

Exparte order on fair rent case & vacate case

Dear Experts,

We have rented a Flat for Rs.10,500/- in Chennai during 2004 with an unregistered Rental Agreement for 2 years. After 2 years, the agreement is not renewed and we are continuing the same flat till now. The Rent now we are paying is Rs.14,000 p.m.

During 2011, the flat owner has expired and his son (one of legal heir) asked us to give higher rent. As we have told that we are giving the rent as per adjacent flats, he sent a letter to  vacate the Case. we have sent letter through advocate stating that recently i had brain stroke and i am in treatement and moreover my childrens school also nearby and it is not conveneient for us to change the flat and told that we will continue with the present rent.

But the son of Late Flat owner has filed a Fixation of Fair Rent Case against us during feb 2012. During Sep 2012 Flat owner son advocate filed Petiton of fair rent by approved valuer claiming 48000 p.m. 

After that 8 months Petioner witness is absent and our advocate present. next 4 hearng petitione witness present and our advocate is absent. during this 2 hearing this case was ordered exparte against us and the final ordr came on 18.11.2013 asking us to pay rent 48000 p.m from the begining of case date feb 2012.

In the mean time the son of flat owner has filed a new vacation case on Oct 2013. The advocate who appeared for new case has got the exparte order of old case by Feb  2013 only.

As the order received after 75 days from the date of order, we dont know what to do. and the new case advocate told tht we file delay petition and open the old case.

Pls advice what to do further in this regard. and pls suggest some solution for further step for fixing the market rent instead of high fair rertt as per exparte order

Thanks in advance




 1 Replies

Bobby Mani T (Lawyer)     13 February 2014

you can file a petition to set aside exparte order and continue the case.

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