Tenant not deposited due rent in eviction suit

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I filed an eviction suit for eviction of tenant on several grounds and non payment of rent is one of them. Suit is filed under section 12(1); 12(3)(a); 12(4) Bombay rents hotel and lodging house rent control act 1947. Tenant has not been deposited due rent on serving many notices to him in last three years.

I personally need that house for residence because I am about to retire from job. On repeated notice to him he reluctant to pay rent and also seek possession on the house by hook or crook. He complained in society about stopping basic facilities in house, demanding undue money for various purposes.

I want to know that if he’ll deposit due rent at any stage of proceeding can he get protection of section 12[3][a] of said rent act?

Question from - Civil Law

Tenant has two opportunities to protect himself from eviction claimed on the ground of non payment of rent. If tenant deposits due rent at the time of filing of written statement or on the date of framing of issues he cannot be evicted. This provision id mandatory and court cannot enlarge this opportunity on its discretion. You have to establish other grounds on which you claimed his eviction.

In Ratilal Balabhai Nazar vs Ranchhodbhai Shankerbhai patel AIR 1967 SC; if there is statutory default or neglect on the part of tenant, the landlord requires a right under section 12[3][a] to get decree of eviction. But where the condition of said section is not satisfied there is a further opportunities given to the tenant to protect himself against eviction.

If tenant did not deposit due rent on above mentioned stages of proceeding he cannot protect himself from eviction by depositing due rent on later stage of proceeding. This is a mandatory provision and court cannot give him another opportunity at any time after framing of issues.

At this stage you should amend your plaint and plead his eviction on the ground of his failure to deposit due rent as required by section 12[3][a]. It is a preliminary issue and it shall be decided by the court under section 9-A CPC.

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