Unregistered rent agreement of 1971

arunkumar (Querist) 09 June 2018 This query is : Resolved
My grandfather made agreement with one of the tenant in the year 1971 for rent rs xx p.m.My grandfather expired and the witnesses who signed the unregistered rent agreement also expired. The tenant has got a xerox copy of original document on the basis of which he has filed a case under rent act maharashtra.The rented premises which was 115 yrs old also collapsed of the natural cause in the year 2016.My query is what are the merit of this case. Whether the handwritten agreement will be accepted by the court as a proof. The tenant stayed their till 1971 to 2005 without having a electricity supply meter on his name. FRom 2005 the tenant left to new house cause of the dilapidated condition of the house.

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Guest (Expert) 10 June 2018
It is not clear, when tenant already left 13 years back and the rented property already collapsed, when and for what specific purpose the deceased tenant filed a case under rent act of Maharashtra?

Please make it clear first.

arunkumar (Querist) 10 June 2018
thanks for the reply and showing interest in my query.The tenant has filed suit for recovery of possession in the suit property.The property collapsed in the year 2016 and now reconstructed.The tenant shifted to another rented place without handing over the possession of suit premises

Ms.Usha Kapoor (Expert) 10 June 2018
Yes. An agreement can be even oral. However, it must be proved.
Agreement on a plain paper is also valid. Only thing is whether it requires any stamp or not and also how much stamp, depends on the nature of agreement.
If any agreement which requires to be made on Stamp Paper but is made without any Stamp or insufficient Stamp, it can be produced in court but it will not be taken in evidence unless Deficient Stamp Duty along with penalty (which may be up to ten times or less) is paid as per the order of Court. On payment of the same it becomes valid agreement and will also be taken as documentary evidence.

Guest (Expert) 10 June 2018
The tenant does not have any right to repossess the property, when already vacated 13 years back.

DR.VEDULA GOPINATH (Expert) 10 June 2018
I agree with the views of my learned colleague Mrt.Dhingra dr vedula gopinath advocate high court

Dr J C Vashista (Expert) 11 June 2018
If the so-called tenant was interested in re-possession of demised premises, he would have sought the relief under the provisions of Section 6 of the Specific Relief Act, within 6 months of dispossession.
But nothing after a lapse of 13 years.

rajeev sharma (Expert) 11 June 2018
when the subject matter of tenancy the house has collapsed the rent agreement itself comes to end . No suit for repossession of house under tenancy may be filed after a period of 13 years. Place all the facts and evidence before the court with the help of your advocate.

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