Legal Question in Landlord & Tenant Law in India

Eviction of residential house under12[1]a rca
suit of eviction of residential house from tenant on ground of defaulterof deposit of rent,11months before issue of notice for ejectment of house,
2month after issue of notice&
even1month after suit file no deposit made,& 5month after suit filed,tenant given an application in court for time extention for 6 months 2 deposit old rent remained default prior to suit filed,1day after application he dipositd 2000/rs part payment of total 4125/rs before notice due payment,than he deposited 1000/rs next3subsequent months, in this periods again9 months rent remain due &during deposited money in court he had not explained about for which purpose he had diposited money,time extention application was for 6 months he has demanded, but after 6 month also failed to depositd due rent,later on during suit time 4 times became defaulter to deposit rent,2 times subsequent 3 months &2 times 2 months,in between time further neither any application for time extention given 2 court nor any application for condone of delay submitted,
in the1st application for time extention,region for time extention given was i m poor,have no money presently,economical problem facing,but no explaination r proof given 2 court in favour of such reason,person business

Asked on 9/14/08, 4:19 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Eviction of residential house under12[1]a rca

The court of 'rent controller', where the eviction application may be pending consideration, will take all these defaults into consideration while passing the final order in terms of Supreme Court judgment in Wadhawan's case. Hopefully, you should get an eviction order soon.

Answered on 9/14/08, 5:40 pm

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