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Author Topic: Fair rent  (Read 476 times)

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Offline best

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Fair rent
« on: March 27, 2016, 10:51:31 AM »
Sir,
We are renting in a commercial property for more than 25 years. Our current landlord(he bought the building in 2009) filed eviction and fair rent case (RCOP) on 2010 and got the judgement in his favour. Both the RCA from our side has been dismissed and the fair rent is fixed to Rs.30,000 per month but till now we are paying the contractual rent Rs.12000 as the Civil Revision Petition (Fair rent & eviction) from our side is in pending stage in High court. Now the landlord is going to sell the property within THIS YEAR. I just want to know the following,
1) Can the upcoming new owner have the right to continue the FAIR RENT case from this stage i.e. from CRP (High court) or he has to start from the RCOP in small cause court?
2) Does the upcoming new owner have any right to collect the sum of amount (nearly 10L) calculated on the basis of fair rent fixed in the RCA judgement?
3) or the current owner have the right to collect the sum of amount even after he sold the building?
4) or the cases and the judgements will get cancelled automatically after the sale of the property?
Experts advise is needed as everyone is saying different things and frightening us. Thanks in advance.
« Last Edit: March 27, 2016, 10:53:41 AM by best »

Offline advkartik

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Re: Fair rent
« Reply #1 on: March 27, 2016, 07:28:05 PM »
The new owner will have the same rights as the previous owner.

He not only owns the property, but will also inherit the favourable court judgments too.

Offline adv.amarnath

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Re: Fair rent
« Reply #2 on: March 27, 2016, 08:09:45 PM »
1) Can the upcoming new owner have the right to continue the FAIR RENT case from this stage i.e. from CRP (High court) or he has to start from the RCOP in small cause court?
Yes, he can do as the new owner would have been stepped into the erstwhile owner shoe.

2) Does the upcoming new owner have any right to collect the sum of amount (nearly 10L) calculated on the basis of fair rent fixed in the RCA judgement?
It cannot be said at this moment as Revision is pending. It your revision gets set aside and upheld the lower court order then new owner shall be eligible to collect such amount.

3) or the current owner have the right to collect the sum of amount even after he sold the building?
Basically, present owner has right to collect the rent till he sell out and subsequent purchaser has rights to collect rent from the date of purchase.

4) or the cases and the judgements will get cancelled automatically after the sale of the property?
No, No..... you are in misconception.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline best

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Re: Fair rent
« Reply #3 on: March 28, 2016, 09:39:21 AM »
Sir,
First of all thanks for your replies.
Want some clarification on my 3rd question
i.e. If the current owner (person X)sell in property in this year 2016 while the CRP is in pending stage and then the upcoming owner (person Y) continue the case and got a favourable judgement in 2017 and the rent is fixed as Rs.25000 then will I have to pay a sum of amount (nearly 9 lakh as the RCOP was filed on 2010) to the person X even-though he is not the owner at that time i.e. in 2017
You have mentioned that present owner can collect the rent till he sell out, this makes me confuse so   please clear my doubts.
I am asking this because 9 lakh is a big amount and this person X fixed this rent by false arguments and he is a troublant  person from the day one
 I won't be bother to give 1 or 2 lakh to the upcoming owner. So please clarify.
« Last Edit: March 28, 2016, 09:41:46 AM by best »

 

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