landlord tenant dispute
Querist :
Anonymous
(Querist) 17 December 2010
This query is : Resolved
hi all,i am new to this so please help me out. i am a tenant for the past 4 years and running my clinic at a cabin in a showroom.i had a an agreement of 5 years lasting dec,2012 with the landlord,but landlord died one year back,his son now wants to vacate the premises and given me a notice of 15 days to vacate,failing which he will file a case against me,i m paying my rent 4400 through check regularly without fail,this month he refused to take cheque also,they sent me notice U/S 106 of T.P. act,my agreement is duly attested by notary but not registered,please tell me what should i do??
Adv Archana Deshmukh
(Expert) 17 December 2010
Give him a legal notice through an advocate that he is bound by the agreement and to accept the rent and that he is not accepting the rent just in order to evict you.
Querist :
Anonymous
(Querist) 17 December 2010
thanks Adv Archana,but is 106 TP act applicable in my case??? he is saying as the agreement is not registered there is no value of it so my tenancy is a monthly tenancy. my career and proffession is at stake as i cant find a new place so early,should i hire an advocate for this case? can i get a time of around one year through court?
H. S. Thukral
(Expert) 17 December 2010
Since the agreement is not registered, you can not take advantage of the term of the lease mentioned in the agreement. An agreement beyond period of one year needs registration.
In the circumstances lease period shall be considered from month to month terminable by a notice of 15 days. However the possession can be recovered by due process of law, a suit for possession may take more than two years and then it would have surpassed the term of lease. Take a decision if you want to contest the suit and send a suitable reply to the notice through an Advocate.
My advice is based on Delhi Rent Control Act where a tenant loses protection of the Act if the rent is over Rs. 3500/- If you are not in Delhi, check the state rent control laws if there is a protection to tenants up to Rs. 4400/- or not.
niranjan
(Expert) 17 December 2010
You can get rent agreement impounded on payment of stamp duty with penalty.
Querist :
Anonymous
(Querist) 17 December 2010
o thank you Mr.Harbhajan,i appreciate your vast knowledge regarding my case. Sir,i am from panchkula,Haryana and i dont know about haryana rent control laws,i just know that the building got OC in 2001 and it is not yet 10 years older.Can you please also advice me what kind of reply i should send to them as i am running short of time now,i would be highly thankful to you,and should i go for contesting a suit earliest possible?
H. S. Thukral
(Expert) 17 December 2010
If the building is not ten years old then the Rent Control Act is not applicable in Delhi. I think the same provisions are applicable in Haryana too. I can send you the reply to be given but you must get prepared for litigation if you want to live for further period in the same premises and it is necessary that you hire a legal help. You can always contact me on the web site or on my e-mail available in my profile if you feel so.
Querist :
Anonymous
(Querist) 17 December 2010
i am so very greatful to you Mr.thukral for your so precious advice,i am prepared for a litigation as my whole carrier is at stake,what i just want through this litigation is 'TIME' to move somewhere else so that i continue my practice,as the landlords are not ready to give me sufficient time. Sir,as you said eviction is sure,but do this litigation give me enough time for sure? i will definitely be in touch with you regarding my case and what all my lawyer tells me can i also discuss with u taking your precious time as i am very much nervous about my first litigation matter.
s.subramanian
(Expert) 18 December 2010
I agree with Mr.Harbhajan.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 December 2010
Tenants need no fear any where , but be vigilant for legal action from day one. If you do your home work properly you can not be evicated.
Regarding TP act section 106 the burden in on landlord to register the agreement.
Morever there is always mistake on behalf of the lanlord in giving notice and you can demolish his case on this count alone.
Querist :
Anonymous
(Querist) 18 December 2010
thank you Mr.Shashikumar,but what kind of mistake is done on behalf of the landlord, in giving the notice?
Querist :
Anonymous
(Querist) 18 December 2010
Sir Mr.Thukral,is it necessary to reply to the notice,as my lawyer says there is no need for that? and please tell me what should be the format of the reply if to be given.
H. S. Thukral
(Expert) 18 December 2010
There is no legal requirement to reply to the notice. However, the landlord may add few baseless allegations of non-payment of rent etc which sometime should be clarified in the reply. Non-reply to the notice sometime can be successfully framed in to an issue that notice which is a mandatory requirement was not served on the defendant. So it depends upon your lawyer, how is he framing your defence. If he wants to take defence as to non-compliance of section 106 of TP Act, keeping quiet shall be OK.
Querist :
Anonymous
(Querist) 18 December 2010
yes sir may be,but sir as he refused to accept rent cheque this month,what should be my plan of action regarding this,because i think court will not get convinced on my plea that he did not accept the rent.
After the litigation,does court accepts rent till the judgement is given??
H. S. Thukral
(Expert) 18 December 2010
Once the lease is terminated as per covenant the relationship of landlord and tenant ends. Legally a tenant is liable to pay the landlord a market rent at that time. Your landlord is therefore correct in not accepting the rent from you. He will move an application for deposit of rent admitted and currently being paid by you. This is a routine procedure.
Querist :
Anonymous
(Querist) 19 December 2010
ok sir i agree with you.sir,so is there such a law that i will have to pay current market rent or double the amount i am paying till the court decides the result of litigation and orders me to pay double amount for all the months after the termination of lease? i just read this in some haryana rent act amendment notification.that means i may have to pay a hefty amount to the landlord at the end.
H. S. Thukral
(Expert) 19 December 2010
During litigation you shall have to pay only admitted current rent.
Querist :
Anonymous
(Querist) 19 December 2010
ok sir,thank you for your advice and moral support,i will be in touch with you.
Querist :
Anonymous
(Querist) 02 March 2011
hello everyone,hello mr.thukral,aftr talking to all of you,i hired an advocate and now my case is pending for nxt date to 28th march,now i am facing a new problem again,please help me out again,my landlord is starting a new business in his premises in which i hav a small cabin where i practice,i am suspecting he is going to interfere in my business like he may throw away my signboard and put up his signboard at that place and may paint his signboard at my place,and he may obstruct my cabin entry in one or the other way,and it may be done in 2-3days time,what should be my plan of action in such a situation???? please guide me.
Querist :
Anonymous
(Querist) 02 March 2011
by proffession i am a doctor and very submissive in nature,so i can not quarrel with him nad i dont want to create a scene in my locality,so please tell me wat should i do
