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Section 18: Deposit of rent by tenant

The Goa, Buildings (Lease, Rent and Eviction) Control Act, 1968State Act of Goa · Act 2 of 1969

(1) Where there is a bonafide doubt as to the person or persons to whom the rent is payable or where the address of the landlord or his authorised agent is not known to the tenant, 40[or the landlord refuses to accept the rent from the tenant] he may deposit such rent with the Controller in the prescribed manner.

(2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely:—

(a) the building for which the rent is deposited with a description sufficient for identifying the building;

(b) the period for which the rent is deposited;

(c) the name and address of the landlord or the person or persons claiming to be entitled to such rent;

(d) the reasons for and the circumstances in which the application for depositing the rent is made;

(e) such other particulars as may be prescribed.

(3) On such deposit of the rent being made, the Controller shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit.

(4) If an application is made for the withdrawal of any deposit of rent, the Controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order amount of the rent to be paid to him in the manner prescribed:

Provided that no order for payment of any deposit of rent shall be made by the Controller under this sub-section without giving all persons named by the tenant in his application under sub-section (2) as claiming to be entitled to payment of such rent an opportunity of being heard and such order shall be without prejudice to the right of such persons to receive such rent being decided by a court of competent jurisdiction.

(5) If at the time of filing the application under sub-section (4) but not after the expiry of thirty days from receiving the notice of the deposit, the landlord or the person claiming to be entitled to the rent complains to the Controller that the statements in the tenant’s application of the reasons and the circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant an opportunity of being heard, if he is satisfied that the said statements were materially untrue, impose on the tenant a fine not exceeding an amount equal to two months’ rent, and may further direct that such portion thereof as he considers fit should be paid to the landlord as compensation.

(6) The Controller, on the complaint of the tenant and after giving an opportunity to the landlord of being heard may, if he is satisfied that the landlord without any reasonable cause refused to accept rent though tendered to him within the time referred to in section -9- 17, impose on the landlord a fine not exceeding an amount equal to two months’ rent and may further direct that such portion thereof as he considers fit should be paid to the tenant as compensation.

Where this provision sits

ActThe Goa, Buildings (Lease, Rent and Eviction) Control Act, 1968
Section18
Marginal noteDeposit of rent by tenant
JurisdictionState of Goa
StatusIn force as published by the source

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