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Tenant not ready to pay rent as per the market price what to do
05-Jan-2023 (In Landlord/Tenant Law)
we have some commercial buildings in city. One of our tenant refused to pay market price of rent. we sued a case in district munsif against tenant before 20 years under fixation of fare rent . the building aged more than 100 years.we won and prayer accepted, but we failed in sub court and our case dismissed. and we moved to high court and stopped sub court order and asked to re inquire. sub court ordered 1/4 of munsif court ordered amount. we again appealed in honorable high court. tenant didn't go for appeal. we sued a new case in district munsif court against tenant under lease and rent control act 10(2)(i)14(1)(b) for eviction of building toward demolition and reconstruction. Our petion got dismissed without any costs. we planned t move to sub court and sue anew case towards eviction of building under willful-default since tenant not paid the rent of the sub court order. I want your legal suggestions
If the tenant has not prepared an appeal against the sub court fair rent order then your can sought the fair rent by issuing a notice to the tenant. Even thereafter also if he failed to pay the fair rent fixed by the court then you can file a fresh petition for eviction on the ground of willful default for not paying the fair rent fixed by the sub court. If the building is more than 100 years old then the court definitely would have allowed the petition for demolition and reconstruction. I don't know on what ground that petiton was dismissed. Nowadays 99% of demolition and reconstruction cases have been allowed by the High Court and supreme court. My suggestion is, you just try to file an appeal against that dismissal order. Definitely u will succeed in the eviction proceedings, at the same target him by filing eviction for default on payment of fair rent. If u need any further clarification fell free to contact me.
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Adv. Selvaperumal
Chennai | 100+ Answers
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