My factory which is on rent was sealed by DPCC in year 2000 due to pollution. I applied for de-sealing on grounds of removal of machinery in year 2004 but was not given permission on ground of not getting NOC from land lord as as rent case was going on with the land lord. The case was finished in 2004 and I was ordered to deposit the monthly rent of Rs.1100/- in court every month. I was unable to do so as I had no work. Now my land lord has filed a case for recovering rent of last 10 years in 2015. As per court orders on 19.04.2016, I am asked to deposit rent of last 4 years (includes one year of litigation) under sec 15 (1) DRCA. My factory is sealed since 2000 and I have no money to pay rent. I want to leave that rented premises and take my machinery. The 2015 case was in my grandmother's name. She is an old age lady and has no source of income. Please advice.
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1) unless you comply with court orders you would not be able to take your machinery
2) landlord will not issue NOC and pollution board will not Deswal the factory in absence of landlord NOC
3) if machinery is valuable you can enter into settlement with landlord for payment of rent by sale of the machinery
If the landlord is not ready for settlement of paying rent by sale of machinery and asks for an upfront payment. Can we file an application in the court saying that we want to pay rent and vacate the premises but can only do by selling machinery as the tenant is an old age widow and doesnot have any source of income? Or should we go for mediation through court. Is there anyway we don't have to pay rent and vacate the place?
You are Liberty to make application to court That yiu may be permitted to sell machinery for payment of rent arrears
It is advisable to first talk to landlord in this regard
1. The court has assessed the arrears of rent. If you do not pay it then the only order which it can pass is an order for your eviction.
2. You can pray to court before the next hearing to allow you to sell the machinery to pay the arrears but this may not be allowed by the court.
Hi, You can file an application in the Court for permission to sell the machinery and out of the sale proceeds you can pay the same to the Land lord.
2. Normally Court will allow your application.
I am asked to deposit rent of last 4 years (includes one year of litigation) under sec 15 (1) DRCA. My factory is sealed since 2000 and I have no money to pay rent. I want to leave that rented premises and take my machinery.
If the Controller is satisfied that any dispute has been raised by a tenant for reasons which are false or frivolous, the Controller may order the defense against eviction to be struck out and proceed with the hearing of the application.
If a tenant fails to make payment or deposit as required by this section, the Controller may order the defence against eviction to be struck out an proceed with the hearing of the application.
The 2015 case was in my grandmother's name. She is an old age lady and has no source of income.
The controller, in such event may order for eviction and repossession of the premise to the landlord.
If the landlord is not ready for settlement of paying rent by sale of machinery and asks for an upfront payment. Can we file an application in the court saying that we want to pay rent and vacate the premises but can only do by selling machinery as the tenant is an old age widow and doesnot have any source of income?
This defence plea can be taken before court while seeking time for payment of arrears of rent. If a tenant makes payment or deposit, no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the Controller may allow such costs as he may deem fit to the landlord.