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Khan Mohamed (Business)     22 May 2014

Retrieving rents from tenant

Respected Sir,

 

This is to bring to your kind information that we are Landlords for the property and we have rented the commercial property to a tenant. After giving notice to vacate he didn't and hence we filed eviction case to vacate.we were Plantiff in the lower court and the judgement was done in favour of us by decreeing the suit with cost and ordered to vacate with in three months and handover the possession with the damages (Arrears of rent)


Now the question is we have not got the rents from around 22 months and it has accumulated to a huge amount.


Please suggest how can we retrieve the amount at the earliest.

 

Looking forward to your replies.

 

Regards.



 12 Replies

AAK (Advocate)     22 May 2014

You are from which state? each state has got its own Rent laws?

Khan Mohamed (Business)     22 May 2014

This case is from Karnataka.

Khan Mohamed (Business)     23 May 2014

Respected Sir,

 

This is to bring to your kind information that we are Landlords for the property and we have rented the commercial property to a tenant. After giving notice to vacate he didn't and hence we filed eviction case to vacate.we were Plantiff in the lower court and the judgement was done in favour of us by decreeing the suit with cost and ordered to vacate with in three months and handover the possession with the damages (Arrears of rent)


Now the question is we have not got the rents from around 22 months and it has accumulated to a huge amount.


Please suggest how can we retrieve the amount at the earliest.

 

Looking forward to your valuable opinions.

 

The case is in karnataka.

 

 

Regards.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     23 May 2014

Based on the decree passed in your favour, You have to file E.P. (execution proceedings) either to attach and sell the Judgment debtor's (tenant's) property for the realization of the decreed amount or to arrest him for the default of him.

1 Like

Advocate Bhartesh goyal (advocate)     23 May 2014

the court has passed the order and granted three months time to tenant to vacate and handover the disputed premises to landlord so wait for three months  and in between three months if tenant fails to vacate and handover the premises and due payments of rent then file execution petition as adviced by LAWYER SALEEMA KABEER  .

1 Like

Sivakumar (Consultant)     27 May 2014

I have a similar experience. The tenant disappeared from the property without paying arrears . I do not know his whereabouts. In this situation is there a way to get the arrears. That land lords are punished by law for renting to such tenants.

Khan Mohamed (Business)     28 May 2014

Respected Learned counsel,

if tenant disappears and didnot pay back the rents. what should be teh compensation or how to recover the arrears.

 

What is EP all about. If we file an EP, what will be the next order.

 

Please suggest.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     28 May 2014

The disappearance of the Judgment debtor will not affect your E.P. or right to recover the arrears. On the other hand, it is purely based on the means of him. If there is a sufficient means such as property or other source of income for him, then definitely, you can attach the same  in order to recover your due in the execution proceedings. Otherwise, no other way you have to trace him to take personal action against him.

1 Like

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     28 May 2014

The mere disappearance of the Judgment debtor alone  will not affect your E.P. or your right to recover the arrears. On the other hand, it is purely based on the available means of him. If there is a sufficient means such as property or other source of income for him, then definitely, you can attach the same in order to recover your due in the execution proceedings.

1 Like

Khan Mohamed (Business)     28 May 2014

Thanks a lot.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     28 May 2014

Welcome. @ Mr.Khan Mohamed.

Sivakumar (Consultant)     05 June 2014

What happens if he runaway from the property after the three month period, who has to trace him and how the money will be recovered if he was traced. The civil law is favoriting the tenants only in India. I have a similar case and now trying to locate the tenant who has not paid rent for 22 months and run away. I have the eviction order, execution petition filed in the court when the tenant ran away. I blame the god for what I experienced in our legal system on civil matters

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