Liability For Legal Costs In A Dispute Between A Lessor And Lessee

Question

If we or our agent institutes legal action against any tenant, can we compel to pay the legal costs?

Answer

Hadrat Thanvi Rahimahullah has written in Ashraful Ahkaam that legal costs will be upon the party that has defaulted. The reason given is that the claimant (i.e. lessor) had no need to go ahead with legal proceedings if the tenant had paid their rentals timeously.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

Ashraful Ahkaam pg. 184

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