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Vikram (Owner)     23 June 2010

Rent agreement

Hi All,

We have given our property for rent. Rent agreement is done till 2015. In rent agreement it is clearly mentioned if rent is not paid for 2 or more months this agreement can be cancelled by owner by giving one month notice. After we gave him a notice he has filed case and it is still going on for more than 2 years now. Within this period also he has not paid rent of 1 year now. But still case is going on.

Can anybody tell me why it is taking this much time even though it is so clear. Is there anything else I should point out to judge? What should be our next step? Actually next party is not appearing infront of judge for more than 3 hearings now. What to do so that they will appear infront of court or court will give decision without their presence.

Every help is reaaly appriciated.

 

Thanks in advance.



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 June 2010

If they are not paying rent, then put this matter before the court and file an application for dismissal of the suit.

1 Like

Syed Abdul Rahman (advocate)     23 June 2010

You have mentioned that the tenant fled the suit. What kind of suit.  it has to be cleared.  It is also not clear wheather the rent agreement is registered one or not. As per law the owner has to file a suit for eviction after giving notice under section 106 of T.P.Act and in that suit the owner also can file a petition U/Or.15A C.P.C. to pay the admitted rents if the tenant is in an arrears and under the said provision if the tenant fails to pay the rents, the court can striking off the defence of the tenant and pass Judgment and decree agaisnt the tenant for eviction. I do not know whether such steps you have taken or not.

Jagan mohan (advocate)     26 June 2010

Rahman sir , madam also correct & I didnt understood nature of suit filed  by the tenant ,  You need not point of judge that the judge should gave equal opportunity for attending court some times u also failed to attend before court due to ur personnel problems in that situation the judge consider that, so u may pray the honourable court for dismissing the suit or petition which ever filed by ur tenant that u may have also right to file a petition under Tenancy Act for eviction and arrears of rent .

V.T.VENKATARAM (ADVOCATE)     27 June 2010

Please let me know whether your agreement is registered. Please file a counter suit for eviction pf the tenant .

Vikram (Owner)     18 July 2010

Hi all,

Thanks for the reply. Actually I am not familiar with all these legal terminologies like petetion etc. Let me explain you in my simple words.

The agreement is noterized. Then in agreement there is a clause that tenant should pay rent before 5th of every month. And if he fails to do rent for 2/more mnths then owner has rights to cancel this agreement. As per this condition we gave them a notice of 1 month which mentioned cancellation of agreement.

Tenant then apllied for a stay order on this notice. This is the case which is still going on. And even this case is on tenant has not paid rent of 2 years now. actually its tenants hearing time in court  but they are purposefully prlonging it by not attending court session. This has happened for more than year now. They are not ready to come infront of court.

We are feeling really helpless now. Why cant court give one sided judgement if they are not appearing? Is there any other application to be made so that judge will notice them if they dont appear this time then one sided result will be declared?

Also I have another question. Is there any other way/condition by which a noterized agreement is automatically cancelled/invalidated?


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