Tp act

ravikumar bagaria (Querist) 18 March 2018 This query is : Resolved
we were paying a rent of 2300/-, however it increased to 14000/-, now the landlord has filed an eviction suit against us giving 15 days notice citing an unregistered lease deed signed by both of us...is there an protection for us, since we are tenants for more than 40 years?

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Vijay Raj Mahajan (Expert) 18 March 2018
Tenancy is usually protected under the Rent Control Act of the State where the rented premises is situated.
The contractual tenancy may come to end by serving notice of termination of the rent agreement which necessarily has to be written but you had a written deed. However the statuary tenancy continues thereafter till the Court pass order of eviction for the tenant to move out of the premises.
In your case even if you have been told to leave the premises on the ground of non-registered rent deed, this by itself is no ground of eviction. The civil case continue in court for years together and till that time you continue to occupy the premises and pay the same rent or rent fixed by the court as standard rent which will not be so big as has been now claimed by the landlord.
Just continue your stay in the premises and fight out the eviction case in civil court.

Kumar Doab (Expert) 18 March 2018
The relation after 40Y is also that of landlord and tenant…
Perspectives;
Either evict
Or settle outside court on rent increase (if that is bone of contention) /eviction on mutually agreed terms
Or approach a very very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record ..............and worth his/her salt..and contest in court of law..

Dr J C Vashista (Expert) 19 March 2018
Consult a local lawyer for some "extended" stay in the demised property.

Guest (Expert) 19 March 2018
Any Un Registered Document is legally invalid the Supreme Court had already stated. Still in your issue the facts and genuineness has to be the priority.If the Rent of Rs 2300 is extremely Less you could negotiate with the Land Lord and increase the Rent Amicably. The other side could file an Eviction Suit with legally Valid grounds and your advocate could advise you to defend the Suit with his legal point of view. Ultimately both of you be prepared to spend your Valuable part of your Life Time and Money in the courts. Better amicably and personally sort out the issue with your land lord in a peaceful and pleasant manner.