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CHANDRA KUMAR KATIYAR (PERSONAL)     23 June 2013

Rent enhancement

Sir I want an advice on above stated  subject.. The case was for eviction on the ground of induction of a partner ho is not the family member of other existing partners.At the time of addmission  of   rent case  at  Allahabad Highcourt  Hon'ble Justice Mr Rakesh Tiwari gave order for enhancement of rent  and given direction for increase of 10% after every 5 years. But  finally we lost the case at Highcourt as well as at Supreme court .Now the question is "whether the decision of enhancement of rent is aplicable only during the pendancy of case or it will continue"'. Kindly give expert views .



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 4 Replies

Hemang (Advocate)     23 June 2013

No sorry, I thought the matter rested upto the High Court. The Allahbad High Court had passed an order for enhancement. Obviously, the directions will not be binding to the tenant, if you have ultimately lost before the Supreme Court. What is the order passed by Honourable the Supreme Court? Whether Supreme Court upheld the increase of rent as directed by Allahbad High Court, or that the Supreme Court finally set at naught, the judgments of the lower Courts?

CHANDRA KUMAR KATIYAR (PERSONAL)     23 June 2013

Sir, 

Thank you very much for a reply.I want to clear here that I am Landlord. After decision of supreme court on 25/02/2011 in tenent's favour he had stopped paying enhanced rent . Is there any legal remedy which I can take.

dr g balakrishnan (advocate/counsel supreme court)     23 June 2013

Mr.Katiar,

When your case failed at SC naturallyevery case below in the same matter is non est. You can move court after issuing Notice with new issue convincingly and on reply  if not satisfactory move for mediation with legal services authority or Lok Adalat if you are keento get the rent, after all any ma staying on rent need necessarily pay rent is a rational aspect of any rent..adv r pg balakrishnan

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     23 June 2013

Now after SC decison bus for more rent is missed.

 

However you can claim extra rent only if your state rent act permits.

 

Pl give date or case no at SC for benefit of others.


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