Civil Procedure Code (CPC)

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Deepak Rathore   12 November 2020

leave and License SD deduction

As a owner 65 yrs of age and a senior woman citizen have deducted delayed payment charges of Rs 1000 per day as mentioned in the agreement at end of the contract term have deducted a total of Rs. 28000 for 28 days. plus further Rs 27000 in regards outstanding bills and damages and including overstaying charges of Rs. 2500 per day for 3 day and handed over only 4900 only out of the security deposit to licensee.

the licensee feel I have wrongly charged but as it is mentioned in the agreement which is notary and earlier also at start of the first year I had got it registered but during the current tenure it was notarised. now he has approached the the local corporator and then to the Mumbai police to get money from me and creating pressure to mutually agree. Please guide at the earliest whether am in my total right to deduct the amount. and how should I go ahead with it, if I am wrong also do let me know.


 6 Replies

P. Venu (Advocate)     13 November 2020

The owner cannot act unilaterally.  The tenant can seek legal remedy. Try to settle the issue amicably.

Deepak Rathore   13 November 2020

thanks sir for your kind reply. with all due respect and honour of your good views and advise.
Sir, then I will be treated as I have committed something wrong then sir what is the point mentioning such clauses in the agreement and signing it getting it registered or notarize and spending money time and hazzles going thrĂș the agreement process then it feels that we should not rent out the flat at all and do some other investment for living and oldage.
I feel sad if I charging and following as per the agreement term and when the responsibility come to the tenant we are harassed with such means.

(Guest)
If all the deduction are strictly based on agreement then you have a good defense.
however an registered agreement can only be amended or extended by another registered agreement not just by an notary.
So they might point this out and allege that all the terms of new agreement are invalid.
For further query you can email the agreement.

Regards
mishrasatyam6804@gmail.com

Deepak Rathore   14 November 2020

Hello! Sir, Thanks for the advice and reply.
yes the notary done is for 11months as I per my knowledge it should be a valid as to an registered agreement. isn't. please confirm in this regards Thanks

Dr J C Vashista (Lawyer)     15 November 2020

Terms and conditions of rent agreement shall govern the issue.

Registration of the rent agreement for less than 1 year is optional in terms of Section 17 of the Registration Act.

Show the rent agreement to a local prudent lawyer for analyses, professional guidance and necessary proceeding.

Deepak Rathore   15 November 2020

Sir, thankful for your helpful advice. will follow your advice.

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