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klusner (prop)     03 December 2014

Recovery of fair rent by civil suite

The small cause’s court has fixed a fair rent of 3,50,000 and the arrears due to landlord  is more than one crore,


I want to know what is the rent recovery laws and procedure and how serious they are

if the landlord wins the present case and goes for  a executive petition/civil suite for recovery of fair rent arrears,


Will they attach my bank accounts?

Will they attach moveable assets like electronic items and personal stuff from home too

We do not have any property will they able to attach my wife property too.

Under this civil suite is there any chance of imprisonment


Please I do need a professional advice as every lawyer has a conflicting views on this subject


Here are more details about the case if you  have time to answer my other concerns



me and my brother are tenants in this commercial property in Chennai for past 3 decades, 3 years back the land lord had opened a 2 cases against us property evection and demolition and other case was on fair rent, 

Last month they landlord had won both the cases in small causes court the present rent we are paying is 25,000 rs per month and the fair rent is fixed for 3,50,000 per month by the small causes court, the present rent arrears is one crore plus,  so we had to go for further appeal.


I am willing to go for the compromise but my brother wants to contest this case further, I tried to convince him since the fair rent fixed is beyond our imagination, even if we bring it down by half we are not in a position to pay them in any way,  I want to come out of this case but it seems I cannot take my name out of this unless my brother is ready to had over the possession,


Will appreciate if you can give me advice as how to come out of this problem ?

 



Learning

 1 Replies

jyotirmaya behera (advocate)     03 December 2014

you can go for appeal . if u want to go appeal then go ahead and thereafter take a stay order for recovery of money / execution.

once execution is filed that means court may take any things from you ( who are party in said Civil Suit)  

if you want to compromise then go ahead and tell them if you need any installment and how much you can afford.

if you need any help its batter to contact with you local lawyer.


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