I got eviction order but there is no mentioning of rent arrears in the judgement although we have submitted the final written argument with the calculated cost of around 10 lakhs plus pending rent arrears.
Few lawyers are telling that the judge by default should calculate and put it in the judgement irrespective of my prayer on eviction petition since eviction is based on default of rent arrears.
Local lawyer is saying that we should have been filed separate petition to collect the arrears of rent, which we missed out in the early stage.
How can I recover the rent since the year 2014? Do I need to submit money suit to recover?
Few are saying that I can only recover 3 years. But the tenant has not been paying since 2014 year.
Is there any provision we can invoke to collect the arrears of rent from high court please.
Or
Any case law to support that the rent can be recoverable more than 3 years without any 3 year bar
Or
limitation by submitting the recovery of rent petition after eviction order.
Or
Shall we recover using money suit along with the tenant movable and/or immovable property as an attachment at the same time of the arrears of rent petition?
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Arrears of Rent - After Eviction Order
CHit Fund
