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2020 (1) TMI 945 - AT - Money LaunderingAttachment of property - property which was rented out for ₹ 65,000/- has been vacated by the tenant and the refundable security deposit of ₹ 3,00,000/- was adjusted against the last four months rent. The date of vacation has not been mentioned nor has the period against which the security deposit has been adjusted been revealed - notice issued under Section 8(4) of the PMLA - HELD THAT:- The property was rented out on the basis of unregistered rent agreement. Admittedly Mrs. Poonguzhali, appellant is the owner of the aforesaid property. She had executed the unregistered rent agreement on 01.04.2017. According to the said agreement, she was getting ₹ 65,000/- as rent per month from the tenant. She has not filed any affidavit though an affidavit has been filed by another appellant namely Mr. P.K.M. Selvam, who is her husband and appellant stating that the tenant has vacated the aforesaid property. The affidavit does not say as when the property has been vacated. The affidavit also does not reveal as to when the daughter of the appellant has shifted. No proof has been provided regarding the posting of the husband of the appellant’s daughter at Chennai. However, it is clear from the pleadings of the non-petitioner/appellant that the rental value of the aforesaid property is ₹ 65,000/- per month. This fact was not revealed by the appellants when the matter was heard by this Tribunal on 19.06.2017, even though the property at serial no.(ii) was given on rent w.e.f. 01.04.2017. In the light of the admission of the rental value of the said property per month, without prejudice, the appellant Smt. Poonguzhali is directed to deposit a sum of ₹ 65,000/- per month with the respondent w.e.f. the date of confirmation of Provisional Attachment Order as user and occupation charges after deducting the amount already paid in terms of the interim order dated 19.06.2017. The appellant Smt. Poonguzhali is allowed eight weeks time to pay the arrears from the date of confirmation order. The current and future rents shall be deposited by the appellant Smt. Poonguzhali before 7th of next month - Subject to above, the respondent shall not take any coercive action in view of the notice issued on 09.06.2017 under Section 8(4) of PMLA, 2002. Application allowed.
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