Legal Question in Landlord & Tenant Law in India

condonation of delay,sec 13[1]
15.5.2004sended a notice2tenent for11month defaulter of rent from1.9.2003,with i n2 month from notice no arear of rent diposited norin 1 month after suit filed dated23.8.04,on12.1.05tenent given application for time ext.for 6month,a partial amount of rent arear deposited on 13.1.05than3consequentlymonth partial amount depositd till15.4.05, inthis period nofuture month rent deposited, now on 23.7.05deposited final rent arear,here again subsequent 3 month rent default,thenafter 3 month on21.10.05depositdpart of future rent with again3month default,then again2month default on 12.12.05full rent nodue remain.now near 2final decision full deposit. now my quesion rthat whether court condon default,tenent at this stage given application for condonation of delay,but no reason given for delay,&also give opinion whether herealso any possibilities for struc out defence right of tenent under sec.12[3].in suit with this ground for eviction another ground also as bonafied requirement ,landlard 71yrs old heart diseas asthmatik weak, joint artheritis dificulty in up&down from3 floor of building while tenet living on ground floor.pls inform me abt recent verdict of high court of mp, &supreme court on both section,thanking sir/madam

Asked on 9/22/08, 3:51 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: condonation of delay,sec 13[1]

The verdict of the court cannot be speculated or predicted.

You should effectively assist your Advocate instead of seeking any advice elsewhere.

In a pending court case, the conducting counsel is the best judge of the case because he has access to entire pleadings and evidence on record.

Therefore, I would refuse to comment on your case.

Answered on 9/22/08, 10:16 pm

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Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

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Re: condonation of delay,sec 13[1]

you have filed the eviction suit on two grounds fristly on arrears of rent and secondly on bonafide requirement. As per Mah. Rent Control Act, if the suit is for the arrears of then at the first instance court give the cahnce to the tenant to pay the rent. but if the tenent commit the defaults time again and again the then its court proceeds with the matter and passe the decree against the tenenat. since the landlord is old, you can apply for the expediated hearing of the suit. There are bright cahnces of getting decree in this matter.

Answered on 9/23/08, 12:54 am

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