We had filed eviction suit against a person who was staying in our premises and was not ready to vacate in 2013. During this course the tenant had not payed any rent since Nov, 2013 till now. We had kept the tenant at rent of Rs 9000 but he lied of giving 3000 p/m .We had no rent agreement between us, so the judge had settled the rent amount as 3000 p/m and had asked the tenant to pay since Nov, 2013 till date. In failure of paying the said amount, the Judge ordered eviction of the tenant few days ago and we now have the possession of our house but still we haven't received the rent amount settled by the Judge. Please guide me procedure for rent collection from the tenant. Also please guide if we are not ready to settle for amount 3000 p/m as we know we had kept the tenant at 9000 p/m, than what change in procedure will be in there in rent collection through court.
If the order of the court is not being complied with then you can file an exemption application and if you are not satisfied with the rent fixed by the court you can file an appeal with some prove that the rent was fixed at a higher rate of Rs. 9000/- per month.
Regards
You have no rent agreement
2) no documentary evidence that re tvwas Rs 9000 per month
3) so filing appeal would be futile exercise
4) to recovery arrears of rent take our execution proceedings
Hello,
1) Of the court has passed the order to pay the arrears of rent you can move a petition to get the order executed of he refuses to pay. Either he can be arrested to compel payment or attach his assets to realise the amount due to you.
2) In the absence of your having any document to due you had an agreement for rent to be 9000/- you have no option to go in appeal against the current order by the judge.
We have already paid the due amounted fees to our lawyer for the above-said eviction suit filed against the tenant. He was asking that we need to pay another 15-16k to him as court fees if we file appeal in court for 9000 p/m rent. But what if we agree to Judge's decision of 3000 p/m rent, than do we need to pay some other amount of fees in court rather than already paid for the eviction suit filed against the tenant ? What i mean to ask is the process of recovery of rent included as a part of Eviction Process of tenant ?
Yes for that you will have to file the execution application. That will be a separate suit under order 21 rule 22 of CPC known as execution of decree and will be filed before the District Judge.
Separate court fees will have to be paid for the same.
Regards
Hello,
1) What your will need to pay is expenses for filing a darkhast/ execution petition to put into effect the order of the judge.
2)As posted you don't have a case for appeal. There's no court fee for Appeal, however the lawyers fees is applicable and that's going to be greater than what was in the trial court.
You don't need to file appeal
2) no need to pay additional court fees
3)execution proceedings are separate
4) since tenant has failed to comply with court orders you have to take out eviction proceedings
If you want to execute the court order for collection of rent, you may file an execution petition to recover the rent at Rs. 3,000/- per month till date by due process of law.
If you do not want to agree for the court order of Rs. 3000/- then you may prefer an appeal and convince the appellate court about the actual rent and seek enhancement of the amount or to set aside the lower court order in respect of fixing the rent to Rs. 3,000/-
But what if we agree to Judge's decision of 3000 p/m rent, than do we need to pay some other amount of fees in court rather than already paid for the eviction suit filed against the tenant ? What i mean to ask is the process of recovery of rent included as a part of Eviction Process of tenant ?
You engaged the services of an advocate for filing eviction suit, he has done his job and got his fee paid for the task entrusted to him after completing it successfully.
Now the recovery portion is another case in the name of execution of decree, hence you may be required to pay separate fee to your advocate if demanded by him for this additional case..
Dear queriest,
You can file suit for recovery to recover the amount from your tenant. Before doing so you can go for appeal or revision(as per court decree) in high court for settlement of rent and get your rent review through lc.
