Self-occupied attached property and notional rent: possession is ordinarily retained unless exceptional circumstances justify interference.

A person in self-occupation of immovable property provisionally attached under the Prevention of Money Laundering Act, 2002 is not ordinarily required to pay notional rent, and physical dispossession is generally treated as an exception rather than the rule before confiscation. The commentary notes that continued insistence on rent is unwarranted where no special circumstance is shown, such as misuse of the premises or other exceptional facts justifying interference with possession. It also states that a review can modify an earlier interim rent-deposit direction on that basis, while leaving secured creditors' rights over the property unaffected in accordance with law.

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Issues: Whether the respondent could demand notional rent from the appellant for an attached residential property in the appellant's self-occupancy, and whether the earlier rent condition required modification on review.

Analysis: The application sought review and modification of the earlier interim direction requiring monthly rent deposit. The Tribunal relied on the principles governing attached property under the Prevention of Money Laundering Act, 2002 and the Supreme Court's guidance that taking physical possession of attached immovable property is ordinarily an exception and not a rule, especially before confiscation. It was noted that where the person in possession is self-occupying the premises and no exceptional circumstances are shown, continued insistence on notional rent is not warranted. The respondent did not establish any special ground such as misuse of the premises or other exceptional facts justifying denial of possession or continuation of the rent burden.

Conclusion: The appellant was held entitled to retain self-occupation of the attached residential property without payment of notional rent, and the review application succeeded to that extent.

Final Conclusion: The rent-deposit condition was removed for the self-occupied attached property, while the rights of secured creditors over the property were left unaffected in accordance with law.

Ratio Decidendi: A person in self-occupation of immovable property provisionally attached under the Prevention of Money Laundering Act, 2002 cannot ordinarily be compelled to pay notional rent or be physically dispossessed absent exceptional circumstances warranting such interference.

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