Eviction case , oral concent

Ayan (Querist) 03 May 2018 This query is : Resolved

A tenant & Landlord dispute ,eviction suit was filed .Tenant has done
has done construction.In his reply tenant claim

1)He has changed the roof of the house with oral permission of landlord.
But though is that , landlord filed 144 , during construction in the same court.

2)The Room was 10x12 square feet in the agreement when signed.Now it is around 16x13 square feet , as construction made by tenant.Tenant claim that agreement
size was wrong during agreement.

3)Tenant has extended construction to government land also.Tenant claim that , landlord can not claim anything as it is govt land.

4)Tenancy agreement was in 2006-2007.From 2006-2007 , landlord issue receipt , but landlord cannot find the receipt now.
Next renewal was 2007-2008.From 2007 October , Tenant has not given rent.Tenant claim , he has paid regularly , but no receipt was issued by landlord.

My question is that

1)For point (1), Court will consider oral consent or believe 144 file by landlord ?

2)For point (2), Will court believe ,size of the room was wrong during agreement ?The agreement was signed by both paty and 4 witness.

3)For point (3), Landlord can ask for eviction ,if the his construction was extended to government land and road by tenant.

4)If landlord was no copy of old rent receipt ,will court consider that ,tenant were paid hand to hand instead of tenancy agreement
was not renewed for 10 years.To proof , rent has paid , it is tenant burden or landlord burden .

Thanks
Ayan

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Guest (Expert) 04 May 2018
Can you please clarify, what is your own concern with the landlord-tenant problem?

Kishor Mehta (Expert) 04 May 2018
The Rent/Tenancy Act of your State will apply. In reply to your specific queries, (1) The consent of the landlord has to be in writing, (2) The size of the room has to be considered as per the written agreement, (3) The landlord is within his rights to demand eviction, (4) Written receipts are necessary to prove payments, it is for the tenant to prove that the rent has been paid.

Ayan (Querist) 04 May 2018
Mr.Dhingra , Landlord is my father in law.

P. Venu (Expert) 04 May 2018
Agreements could be oral, unless barred by Law. But this is subject strict proof by the one who makes the averment.

T. Kalaiselvan, Advocate (Expert) 06 May 2018
The landlord need not produce the rental receipt, the tenant only has to produce the same.
The act of tenant changing the structure of the rented premises is not permissible and for breach of tenancy agreement, he is liable to be evicted.
The tenant has to prove the mode of payment either by cash or cheque or by bank transaction.
The landlord has already filed a petition under section 144, so his case is clear.