Amit Agarwal (Manager) 26 April 2011

How to get rent when Case is running

Hi,

We rented a GODWON at 10000/= per month. Now tennant is not ready to vacate. We have filed a case on him.

How can we get rent from him during case? Will Court give him order to pay rent to us.

As rent has not increased from last 8 years, can be give application for rent increment during case?

For this will we have to file another case? As current case we have filed to vacate the Godwon and pay rent uptiill now.

Regards

Amit Agarwal

Mobile: +91 9289352451

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2 Replies

H. S. Thukral (Lawyer) 26 April 2011

Since you have filed a case for eviction, you can not ask for enhsncement of rent. you can demand rent during the pendenency of court case. File an application under O 39 R 10 in the suit.

Om Prakash Dhusia (HR assistant) 05 May 2011

Dear Amit : Is the tenant not paying you the rent or it is simply you wanted him to vacate the godown? If so then what was the reason you stated in your application for vacation?

If tenant was in default of not paying the rent then it could have been the valid ground for eviction. If you wanted eviction on some other grounds then now you have to submit another application for recovery of rent.

Regards