Legal Question in Landlord & Tenant Law in India

i am tenant in chandigarh.the landlady filed rent petition and i tendered rent in the court as per assessment order provisionally.i tendered rent in excess and also filed counter claim for the excess rent paid.,the case is since pending for adjudication.the landlady again filed subsequent rent petition and i tendered rent on the first date of hearing.now,the landlady again filed application for deposit of future monthly rent as per supreme court's rakesk wadhawan v/s jagdamba corp. case.my advocate did not objected and the court ordered for deposit of monthly rent on or before 10 th of every month and lso last arrears.i may mention that i proved rare of rent as rs.1000/- pm in the first rent petition and the landlady is claiming monthly rent rent as rs.4000/- pm.now.please advice me as the matter is res-judicata and in the second rent petition,the provisional assessment is rs 1000/- pm.i do not want to tender rent now as i have aleady paid in excess.my advocate is not hearing to me.i want to repair the said premises and adjust the monthly rent.please advice me.thanks.


Asked on 7/24/09, 11:40 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

Once the rate of rent is established you have a right to contest the new claim of rent at the rate of 4000/- You may give the landlord a notice asking him to repair the premises or else you would get the repair done at his cost. Once the landlord ignores the notice, you may get the repair done under adjustment of rent.

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Answered on 7/24/09, 12:15 pm


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