non paymenyt of rent by tenant

plz make it clear why the RCOP is dismissed.  why you are nnot able to proove the grounds you alledged.

The law is in favour of tanents. You can recover due rent if you have proper account and given notice for default and demanded due rent.

Regarding changes if not done without your consent that it will be sufficient ground for eviction but for that you have to produce evidence. Courts give decisons on evidence.

dear Sir

Thank you for your prompt reply.

1.The judgement says that we (landlord )were present during inauguration and did not object then,and our case on these grounds was filed late.In effect he did those changes just a few months before we filed the case.

He had done those changes to sublet it to ohers,but claimed in court that those were his employees.Since he paid rent in cash we were not able to prove how much rent he had initially paid(he paid the agreed rent for sometime but later reduced it.

Moreover since the agreement wsa oral,my mother in law agreed to his request of paying 25000 for the first year and paying the catually demanded rent of 40000 pm from second year.since she is a widow and not that much educated,she merely went by trust and faith,on which he took advantage.

Now that that case is over and we have  a pending appeal,whar are our options.

No 1-The cutrrent rent is only 25000 which he paid 4 years back,and even a nominal incresae od 5% per entails us of a much higher rent and arrears.how do we get it back

2.Since court verdict he is depositing 25000 in our account directly and that too 5 months rent is pending.Can this fact be used aginst him now?

3.Incase our court case will take 2-3 years to complete,ca we demanda higher market rent till such time?

4.To my understanding the court has only dismissed our eviction request,and no way given a verdict on rent to be paid,hence cant we demand a higher rent

5.we have plans do buisness in our premises rented to him.Cant this be good enough resaon to request eviction even after 6 months notice.

6.A vacant land is also in his possesion,which he claims has been rented to him,we need to construct a house since we are in rented house,cant we evict him on this necessity of us?

7.Is nt 1 month notice enough on a premise(given on oral agreement) where no manufacturing acivity is taking place?cant we evict him with even a 3 months notice?.

Though as per his claimed rent,we have taken 20 months advance,most of the advance amount is pending as arrear rent(it will be more if a fair escalation- even nominal inflation oriented escalation is considered.

Your reply and assistance will help us a lot

Tks in advance

Sirs thank you for your reply

.i have following doubts

1.If agreement is oral is it presumed that the rent remains the same even for 20 years?in such disputes is there a minimum stipulated increase

2.if such increase is there can we claim arrears of rent?if so how?

3.An appeal is pending in Sub court and the tennant has defaulted rent payment for 5 months now?his rent payment is direct deposit into bank account,hence non payment can be materially proved.

4.What will be the implications of this default?

5.With appeal pending can we give notice giving say 3 months time.this is a shop which tenant operates,where no manufacturing activity takes place.Legally with how many months notice can such orally agreed contrcat be terminated?

6.If law favours tenant,cant owner even construct a house for himself,say even in 10 years since letting it out?

7.is the tenant leaglly allowed to pay the same rent as in first month even for 20 years(without escalating even for normal inflation)

Appreciate your guidance

rgds

sajith

In which state the property is located?.

Tamilnadu

The rent is not automatically increased in tune with inflation or other factors.  You the building owner has to file a petiition before the rent control court for fixation of fair rent for fixing fair rent of a building.

sir pls invoke Section 4 of the RC ACt fr fixation of fair rent keeping in mind the decision of the Divsion Bench regarding the value etc.

ragards

sridher

Hey,

I have an ancestral huge empty chunk of land in ahmedabad, gujarat given on a 999 years lease in 1942. The society to whom it was gave it to its members and they constructed houses in the land. I havent received the rent since 1980. no notices have been sent nor there is any other kind of communication with the society to whom the land is given on lease.

Now i wish to either increase the rent to a fair amount according to the today's standards or get the tenants evicted.

please suggest me a remedy.

thanks.