tenant claiming counter part of rent receipt

 

(Querist)
29 April 2019

A property was given rent on 2005 , The agreement was
1)2005'March-February'2006
2)2006'March-February'2007
3)2007'March-February'2008
4)2008'March-February'2009
5)2009'February-June'2009

Landlord detected cancer and undergone treatment in 2009.
Tenant take the full advantage ,2009'February-June'2009 was the last agreement
when Tenant did not pay a single month (from 2009'February) till 2017.
In 2017 , Land lord file case for eviction.

Now ,Tenant is demanding , he pays regularly by hand , landlord never issued Rent Receipt.

Landlord has not kept old Agreement and Receipt counter part ,as it was
over and there was no problem.Only Latest (2009'February-June'2009) has with him.

Tenant is Claiming counter part of old money receipt .Tenant saying , if Landlord
could not show , counter part of old Rent Receipt counter part , it is proved , that
Land lord never issue money receipts and he is not defaulter of payment.

My question is
1)In a eviction case , land has to produced payment receipt counter part ?

2)If Tenant has not paid and has he has no prove of payment , is it enough
to prove Tenant defaulter or land lord has to submit document ?

3)Agreement Says , Tenant has to handover property on june'2009 to Landlord.
Can tenant forcefully stay there years after years ?

4)After agreement period is over , he can claim himself 'Tenant' ?
Can he claim of payment after the expire of agreement ?

5)If Landlord has not kept, payment receipt counter part.Court will
go with landlord or tenant ?



I am Daughter-in-law of the Landlord.I am handling the case as landlord
is around 80 and sick.



Kishor Mehta (Expert)
30 April 2019

The tenant has no legal right to demand counterfoils of rent receipts, he has to show receipts of payment. If the landlord states that payment is not made then the tenant has to show tangible evidences that he has made the payment. The terms and conditions of the registered agreement is applicable. The rent Act of the State of your residence will apply.

Ayan (Querist)
01 May 2019

Sir , what to if , old agreement copy lost or destroy by the landlord but tenant is asking to show the old agreement copy in the court by tenant?(last agreement submitted by landlord)

Ayan (Querist)
01 May 2019

Sir , what to if , old agreement copy lost or destroy by the landlord but tenant is asking to show the old agreement copy in the court by tenant?(last agreement submitted by landlord)

Ayan (Querist)
01 May 2019

Sir , what to if , old agreement copy lost or destroy by the landlord but tenant is asking to show the old agreement copy in the court by tenant?(last agreement submitted by landlord)

KISHAN DUTT RETD JUDGE (Expert)
06 May 2019

Dear Sir,
My answers are as follows:
1)In a eviction case , land has to produced payment receipt counter part ?
Ans: In most cases it is necessary to produce such receipts are counter foils.
2)If Tenant has not paid and has he has no prove of payment , is it enough to prove Tenant defaulter or land lord has to submit document ?
Ans: If tenant proves that he paid in cash then the issue will be closed.
3)Agreement Says , Tenant has to handover property on june'2009 to Landlord. Can tenant forcefully stay there years after years ?
Ans: You may approach Court to get eviction order against tenant.
4)After agreement period is over , he can claim himself 'Tenant' ? Can he claim of payment after the expire of agreement ?
Ans: He can claim. In such circumstances it is duty of the landlord to get issue a legal notice immediately stating that tenant failed to pay the rents.
5)If Landlord has not kept, payment receipt counter part.Court will go with landlord or tenant ? I am Daughter-in-law of the Landlord.I am handling the case as landlord is around 80 and sick.
Ans: It all depends affidavit evidence and admissions made in cross examinations, the Court will come to conclusion.

Please mark “LIKE” if satisfied by my answer.

Ayan (Querist)
06 May 2019

Dear Mr.KISAN DUTT ,What if , if tenant have not really paid to Landlord and claiming , he has done hand to hand payment.



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