AI Overview...
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Admitted Arrears of Rent - Tenants are required to deposit all admitted arrears of rent, not limited to a specific period, up to the date of hearing or court order. This includes amounts acknowledged by the tenant, regardless of whether parts are recoverable or barred by law CENTRAL COALFIELDS LTD VS RABINDRA NATH DUTTA - Calcutta.
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Court Orders on Deposit of Rent - Courts often direct tenants to deposit arrears for a specified period, with provisions allowing withdrawal of deposited amounts. Failure to deposit admitted arrears can lead to legal consequences, including eviction or dismissal of defenses RAWATMAL BHAIRUDAN VS THE RAJPUTANA TRADING CO. (PVT. ) LTD. - Calcutta.
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Scope of Rent Payment and Lease Terms - Oral agreements and the nature of lease terms (monthly vs. yearly) influence the calculation of arrears. Even if rent is paid annually, it may be inferred that monthly payments are due unless explicitly stated otherwise Sampat VS Idol Shri Chandra Prabhaji Bhagwan, Temple, Deeg - Rajasthan.
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Legal Implications of Non-Payment - Non-deposit or non-payment of admitted arrears can be used as a ground for eviction and can impact the tenant’s defense. Courts emphasize the importance of timely deposit of admitted rent to uphold legal rights PURNIMA DHAWAN VS AGMOZ ONLINE PRIVATE LIMITED - Delhi.
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Legal Position and Procedures - The law mandates that tenants must deposit admitted arrears within specified timelines (e.g., 15 days) to prevent eviction proceedings. Deposit of arrears is a condition precedent for filing appeals or defending eviction suits Ghouse Mohiuddin VS L. Bhaskar Reddy - Andhra Pradesh, Manik Lal Majumdar VS Gouranga Chandra Dey - Supreme Court.
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Consequences of Default - Default in paying or depositing arrears, even after ownership changes or legal notices, remains enforceable. Courts have held that arrears cannot be waived or condoned without proper legal procedures, and defaulting tenants may lose benefits or defenses Santosh Arora VS Vasudev Manghani & Sons - Rajasthan.
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Summary:
Admitted arrears of rent must be paid or deposited by tenants up to the date of hearing or court order, not just for a limited period. Courts consistently require tenants to clear all admitted arrears to maintain their defenses and avoid eviction. The deposit of arrears is a critical procedural step, and failure to do so can result in adverse legal consequences, regardless of changes in ownership or lease terms.
Search Results for "Admitted Arrears of Rent Shall be Paid Not only for a Certain Period but Upto the Date of Heraing"
1979 0 Supreme(Cal) 381 • India - Calcutta
A.K.SEN, B.C.CHAKRABARTI
deposit in Court or pay to the landlord an amount calculated at the rate of rent at which it was last paid for the period for which ... period for which he may have made default irrespective of whether any part of it is irrecoverable being barred by law or not. ... PREMISES TENANCY ACT - SECTION 17 - ARREARS OF RENT - DEPOSIT OF ARREARS - COURT HELD THAT THE TENANT IS LIABLE TO DEPOSIT THE ... He found the defendant to be in arrears....
1971 0 Supreme(Cal) 228 • India - Calcutta
GHOSH, T.K.BASU
The trial court passed an order directing the defendant to deposit arrears of rent for a specified period, with the exception of ... for certain months and for determination of the amount of rent payable. ... one month, and granted liberty to withdraw the amount deposited with the Rent Controller for the same period. ... Sub-section (3) comes into play if and when the tenant does not deposit the admitted arrears of....
1968 0 Supreme(Raj) 2 • India - Rajasthan
L.S.MEHTA
... It is an admitted position of the parties that an oral lease was ... agreed between them and it is also an admitted position of the parties that the immovable property acquired by the defendant is ... to pay rent yearly not being contained in document does not make lease from year to year. ... From this it cannot be inferred that the rent was not payable monthly but only annually. In his statement recorded under O.X, R. 1, C.P.C., Sampatmal has categorically #HL_S....
2002 0 Supreme(Del) 1305 • India - Delhi
SHARDA AGGARWAL
/damages/mesne profits — Defendants seeking set off on the basis of non-enjoyment of demised premises for certain period because ... of rent and to deposit the arrears uplo date. thereforee, at present, I refrain from striking out the defense of the defendant. ... 1908 - Order 39 Rule 10 — Deposit of money in court — Plaintiffs application for directions to the defendants to pay the rental arrears ... There is some dispute regarding payment of amount for certain #HL_S....
2018 0 Supreme(Bom) 1984 • India - Bombay
V.K.JADHAV
end of February 1984 paid by Respondents and accordingly, Petitioner has issued receipts - However, Respondent did not pay rent ... considered this legal position - Both Courts below have given weightage to admission given by Petitioner to effect that Petitioner has admitted ... onwards though Petitioner had demanded same - Petitioner has therefore, issued a notice and terminated tenancy and demanded arrears ... The learned counsel submits that two conditions i.e. arrears will be depos....
1995 0 Supreme(AP) 211 • India - Andhra Pradesh
P.VENKATRAMA REDDY
tenant to deposit arrears of rent - Order of Rent Controller directing tenant to deposit arrears of within 15 days from date of ... CRP. will not absolve the petitioner s obligation in paying the arrears of rent. ... preferred by tenant, High Court ordering suspension of order of appellate authority on condition of furnishing bank guarantee for a certain ... It does not mean that the rent was requ....
1986 0 Supreme(P&H) 149 • India - Punjab and Haryana
B.S.YADAV
paid the full rent due for the period in question. 2. ... Finding of the Court: The court found that the tenant had not paid the full rent due for the period in question and ... The court held that the tenant was in arrears of rent on the date the first ejectment application was filed, as the tenant had not ... period and instead amount in excess stands paid o....
2004 5 Supreme 183 • India - Supreme Court
D.M.DHARMADHIKARI, SHIVARAJ V.PATIL
The appeal could be preferred only on payment or deposit of arrears of admitted rent. ... certain provisions are made to protect the interest of the tenant. ... admitted arrears of rent-Respondent 1 filed a petition for eviction u/s 12 of the Act on grounds of bonafide requirement and default ... of admitted arrears of rent, it could not be dismissed. ... It is to command a tenant to pay or deposi....
2002 0 Supreme(All) 1571 • India - Allahabad
S.P.MEHROTRA
The court dismissed the writ petition and granted the petitioner time to vacate the accommodation, subject to certain conditions. ... Final Decision: The court dismissed the writ petition and granted the petitioner time to vacate the accommodation, subject to certain ... The court also found that the petitioner had defaulted in the payment of rent and was not entitled to the benefit of Section 20 ( ... ... (2) The petitioner will deposit the entire decreetal amount with upto date #HL_....
2009 0 Supreme(Raj) 129 • India - Rajasthan
ASHOK PARIHAR
arrear could be extended for three months but time for depositing monthly rent as ordered could only be extended for 15 days at ... the most for each month — Once the default is proved, the same is not washed out with the change of ownership of premises —Directed ... is not condonable u/S. 5 of the limitation Act in absence of specific provisions — As per provisions of Sec. 13(4) time for depositing ... Both the courts below have held that though arrears as determined by the trial court had been deposit....
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