Under Section 30 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, a tenant can deposit rent in court in case the landlord refuses to accept it, the Supreme Court (SC) has held.
The apex court, however, said that the tenant can continue to do so only till the landlord expresses a written intent to receive the rent himself.
After the landlord sends a formal notice in this regard, the tenant will be obliged to pay the rent to the landlord at the promised rate, it added.
Section 30 of the Act deals with deposit of rent in court in certain circumstances. It says that if “a tenant tenders any amount as rent in respect of the building to its alleged landlord and the alleged landlord refuses to accept the same, the former may deposit such amount in the prescribed manner and continue to deposit any rent which he alleges to be due for any subsequent period in respect of such building until the landlord in the meantime signifies by notice in writing to the tenant his willingness to accept it”.
In case any doubt or dispute has arisen on who is entitled to receive the rent, the tenant is free to deposit the rent stating the circumstances. He can continue to do so until the issue has been resolved by the decision of a competent court or by settlement between the parties. The deposit has to be made in the munsiff magistrate court.
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