Landord wants me to evict.
viswanathan
(Querist) 23 August 2010
This query is : Resolved
Respected Sirs,
I have already post two queries in this forum and I have got the advice on both of them. I shall give a brief recap of the same. I am a tenant for the past 23 years paying Rs.2000 rent for the shop portion in Chennai city. I am not in arrears of any rent. I was in possession of the next room key for which the next room tenant was not paying rent and absconding. Since my LL came to know about my possession of keys, he refused to receive the rent for my portion and asked me to vacate the premises. I have tried all sorts of compromise and sending the rent through MO / DD etc. but nothing proved good. I met the next room tenant and asked him to vacate. He also handed over vacant possession without paying arrears of rent. Then I approached a Lawyer in Chennai and sent a Notice along with 4 months rent (March to June 2010) by DD. In the notice, I have mentioned you have not given me receipt for 18 months but you have collected the rent in cash. That is true. My LL accepted the 4 months DD and totally converted the case and sent me a reply notice I am in arrears of 18 months rent and he has asked me several times the arrears of rent and I have refused to pay him. Unfortunately I have no evidence to prove that I have given the rent. Then I sent a rejoinder through my Adv. to his Adv. stating that I have paid all the rent s and I am not in arrears and sent the rent DD for month of July 2010. My LL also accepted this DD stating that still I am in arrears of rent of 18 months and if I do not pay the same, he shall sue me in a court of law and ask for eviction. The main thing here is. On 5.4.2010 he refused the collect the March month rent from me. On 22.4.2010 I sent a DD via courier to his house address. He refused to collect the same and returned back. For countering my sending the DD, he sent me a correspondence on 30.4.2010. Unfortunately I was not in town from 1.5.2010 to 5.5.2010 went to Kollur Sri Mookambiga Temple. The RPAD sent by him could not be received by me. Knowing my absence for 5 days, my LL himself came to my shop on 4.5.2010 and took away the intimation slips which was kept on my door steps by the postal people. But now, my LL is cleverly telling that on 20.4.2010 itself (i.e. 2 days before my sending the first rent DD) he sent a letter asking for arrears of 18 months rent, but you wantonly returned it without receiving it. After that you have been sending the rent by MO for lesser amounts, so I am not receiving it. So now you pay 18 months x Rs.2000 = Rs.36000 otherwise face eviction proceedings. Actually the letter sent by my LL was booked on 30.4.2010 at Chennai GPO. I have collected this information through RTI Act. But now he is telling that he sent me a letter on 20.4.2010 asking for arrears of rent which was not received by me. My Adv. is telling that it is wrong on your part that you not received the letter. Since I was out of station, I did not know about this letter. Now under RTI Act I came to know about this letter. I fear that since my LL is a criminal minded person, he may file the eviction suit against me and some know manage that the summons are not served properly, or he may even go to the extent of knowing on which date the summon is going to be served and come to my shop portion and he himself will take the summons by giving some bribe to the court persons, or he may give bribe to the court clerk and forge my sign as summons served and make the case ex-parte and evict me from the premises. Now I am even ready the pay whatever amount he asks i.e. Rs.36,000/- but if he fights as a gorilla warfare without serving summons what can I do. Kindly advice me. Kindly excuse me for a long letter.
Devajyoti Barman
(Expert) 23 August 2010
If your apprehensions are reasonable then engage a lawyer who would keep track or make periodic searches in the court as to whether any eviction case is filed against you or not. If filed then you would get chance to contest it on the grounds as available. Nothing to worry. If in spite of that he suceeds to get the decree behind your back then you could also set aside the decree on the ground of non service of summons.
s.subramanian
(Expert) 23 August 2010
He cannot do anything very big so that you find it difficult to face. Even if he takes such orders fraudlently,the courts and the law are not so very blind. You can file proceedings to set aside such orders got by fraud when you come to know about it. So do not worry at all.
Surrender K Singal
(Expert) 24 August 2010
In the meantime, you may consider filing CAVEAT in the jurisdictional Court so that no ex-parte proceedings be initiated without court notice to you !
pawan sharma
(Expert) 27 August 2010
Dear, You should file caveat to avoid the eviction ex-parte , and anggage a civil Lawyer expert in rent cases.
