Vishnu P Sopanam 02 July 2020

RCA Case

Dear Team

I have given room for rent for running a Homeohome.Since the rent was too low I have requested him to pay the market rate.but he denied my request.on 2016 I have given case for Fair rent Fixation.I got the judgement order from court on 2019.The honourable court based on the basis of commission report and material evidence the court has passed monthly rent of Rs 4800 per month with 10 percent annual hike.The opposite party has filed appeal in District court.District court has dismissed the appeal .Now rent of 52 months is pending from the opposite party
.Kindly advise me to proceed further

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Quick Summary

A landlord is seeking advice on how to recover 52 months of unpaid rent after a court order for fair rent fixation was upheld on appeal. The initial court set the rent at Rs 4800 per month with annual increments, a decision confirmed by the District Court. The landlord needs guidance on the best legal procedure to enforce the decree and recover the outstanding amount.

6 Replies

Dr J C Vashista (Advocate) 03 July 2020

File execution petition through the lawyer engaged and paid by you

P. Venu (Advocate) 03 July 2020

Yes, file the execution petition.

Adv Keches Shilwante (Partner @ Legal Biceps) 03 July 2020

File the execution petition before the court who have given the Judgement

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 July 2020

It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court for the execution of any decree or order.

Sunayana Chhabra 04 July 2020

As the previous proceedings were only for fixation of Fair rent, you cannot file execution proceedings in the earlier case. You will have to sue for recovery of rent. Feel free to contact at sunayana122@gmail.com for further assistance.