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procedure to Paying rent in court.
26-Jul-2023 (In Landlord/Tenant Law)
I live in Mumbai on rent last 25 years (pagadi system). Since last 4-5 years my landlord is not taking rent and refusing to provide rent receipt. To be safe I want to pay rent in court, can someone please advice proper procedure to do so... Thanks!!!!
If your landlord does not accept the rent, you can deposit the rent to the rent commission favouring your landlord. By doing this, you are ensuring that your landlord cannot evict you on grounds of non-payment of rent.
Further, you should also keep in mind that the Supreme Court has ruled that if a landlord refuses to accept the rent, the tenant has to mandatorily deposit it with the Rent Controller (court) as otherwise the latter would be liable for eviction.
Interpreting Section 27 of the Delhi Rent Control Act, the apex court said it was mandatory for a tenant to deposit the rent or rental arrears whenever the landlord, who is not in good terms, refuses to accept the rent. In other words, the tenant cannot merely avoid paying the rent by saying the landlord had refused to accept the same.
Procedure:
File an application before the Rent Controller seeking permission to deposit the rent in view of the refusal by your landlord to accept the same. Further, you can make an application for depositing rent in the court, and the same shall be decided after reply is filed by the other side.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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