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State of Jharkhand - Section

Section 27 in Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011

27. Deposit of rent by tenants in suits for eviction.

(1)If, in a suit for recovery of possession of any building, the tenant contests the suit as regards claim for eviction, the landlord may move an application at any stage of the suit for order on the tenant to deposit rent month by month at a rate at which it was last paid and also subject to the law of limitation, the arrears of rent, if any, and the Controller after giving opportunity to the parties to be heard, may make an order for deposit of rent month by month at such rate as may be determined and the arrears of rent, both before or after the institution of the suit if any and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by fifteenth day of the next following month; the Controller shall order the defence against eviction to be struck off and the tenant to be placed in the same position as if he had not defended the claim to eviction and further, the Controller shall not allow the tenant to cross-examine the landlord's witnesses.
(2)If in any proceeding referred to in sub-section (1) , there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit in the office of Controller the amount payable by him under sub-section (1) and in such case, no person shall be entitled to withdraw the amount in deposit until the Controller decides the dispute and makes an order for payment of the same.
(3)If the Controller is satisfied that any dispute referred to as in sub-section (2) has been raised by the tenant for reasons which are false or frivolous, the Controller may order the defence against the eviction to be struck off and proceed with the hearing of the suit as laid down in sub-section (1).