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Good news for house renters in Chennai
Posted on: 08/Aug/2015 12:02:12 PM
Chennaites can be relaxed while house owners have a tough time ahead because the XIII Small Causes Court recently has referred the precedent established by the Supreme Court. In a verdict in 1996, the apex court had said, The landlord is entitled to receive only one month`s agreed rent by way of advance and any amount paid in excess of agreed rent... Shall be refunded or adjusted towards rent.
The petitioner stated that Harihara Rajan, an advocate, had taken a building in Thambu street on a monthly rent of Rs 2,500 exclusive of electricity charges. Harihara Rajan had not paid the rent for from March 2007 to January 2008, totalling Rs 27,500.
According to Niamuthullah, his tenant willfully refused to pay the rent and failed to pay the electricity charges from March 2007 till now. Hence, Harihara Rajan was liable to be evicted under the Tamil Nadu Building (Lease and Rent Control) Act.
In his reply, Harihara Rajan denied the allegation. He submitted that as per agreement he paid Rs 25,000 as advance. He said the landlord had not issued receipt for advance. As he refused to issue receipt, he sent the rental amount through money order.
However, Niamuthullah had not collected money order. Following this, Harihara Rajan filed a petition before Small Causes court and deposited rent through court.
Harihara Rajan said that the house-owner, in contravention of rules, had collected more than one month`s rent as advance and that any pending amount could be adjusted from the advance.
Judge C Sasikumar noted that the advocate had submitted rental receipts as proof. It showed the rent for May and July, 2007, were not paid. As the house-owner already collected Rs 25,000 as advance, arrears of Rs 5,000 could be adjusted from it.
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