Nishant was non-resident Indian, holding a good business and living in London and also having the property at Jalandhar. Due to his business he was on rare visits to his property hence he rented his property that was a three storied building. He rented the ground floor with first floor to Rahul for running his business at Rs. 77000 per month that included all amenities. The intension behind the lease of the property was that the doors of the building remains opened so that the property could be taken care and must not get decayed. Nishant (landlord) signed a lease deed with Rahul Sharma (tenant)for the period of 5 years mentioning that the payments are to be made without any delay. In case of any default in payments he will be liable to pay the rent with interest @1%. The agreement also included that the lessee will pay all the taxes, electricity and water charges. Nishant was getting the rent timely without any delay but after few years the payments were delayed on the part of the lessee. Nishant reminded the lessee many a times but still the payments were not made.When he came to India, he asked Rahul regarding the delayed payments, Rahul kept on making excuses that his business is not running smoothly and he will surely make the payments within few months. Again Nishant waited for few months but got no money from the lessee. At the last Nishant served him legal notice and waited for his response. After waiting for such a long time left with no other option Nishant finally served the second legal notice on Rahul for the payments of the rented building but he paid no attention to the legal notice again. With legal assistance Nishant filed a rent petition against Rahul. With the help of excellent legal assistance Nishant not only got the case in his favor but also the court ordered the lessee to pay the rent with interest @1% per annum on the amount due and in case of any default the lessee will be liable to pay fine of Rs. 55000. Nishant as per the court got back the property and gave to another tenant and is drawing good rental income. Nishant also got the personal property of Rahul attached in court and therefore got the rent recovered from Rahul.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.