DARISI GURU PRASAD
(Querist) 26 October 2011
This query is : Resolved
In a suit for eviction, the land owner filed a receipt said to be issued to the tenant showing the rent to be Rs.1600/- p.m. But, he filed his IT returns showing that he has collected Rs.4,200/- towards rent per month for the same house from the same tenant. In these circumstances, which of the document is to be taken into consideration for determination of decree and filing of jurisdiction of suit. this is a case in Andhra Pradesh State. The quantum of rent is differred. May I know the ruling.
Chanchal Nag Chowdhury
(Expert) 26 October 2011
What does the landlord insist? He will have to prove the amount he wants the court to believe.
ajay sethi
(Expert) 26 October 2011
burden of proof is on landlord to show that he is collecting 1600 per month . the court after taking into account rent receipt , income tax retruns may or may not believe the landlord story .
whether tenant has admitted to payment of rs 1600 per month or is it his story that rent receipt is bogus . if tenant admits to payment of rs 1600 per month then there is no dispute
Guest
(Expert) 26 October 2011
i AGREE THE SAME ABOVE.
prabhakar singh
(Expert) 26 October 2011
I agree with views expressed by m/s Chanchal Nag Chowdhury & ajay sethi .
DARISI GURU PRASAD
(Querist) 27 October 2011
taking you sir, for your valuable reply to me if any possible give the judgment for tenant
Shailesh Kr. Shah
(Expert) 28 October 2011
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