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VK   14 August 2015

Tenant is refusing to vacate and demanding huge amount - Using Voice Recording as evidence

  We rented a shop in a shopping complex of 300 shops in Hyderabad to a tenant through a known person a 11 years back and there is no legal document/agreement on the lease. He has been paying the same rent for the last 6 years. We tried to enhance the rent, but unsuccessful. He never paid on time and every month it will be after 3 to 4 months late. We have got frustrated with his behaviour. The tenant has started a Rental Association in the last year and he is the General Secretary and his father is the President. They started blackmailing the owners without any reasons and trying to take control of the shopping complex by filing false criminal & civil cases against the owners with regard to the rents. He is the most litigant person in that complex and got filed several civil & criminal cases against the owners of the shops with their tenants, and you also initiating some of the tenants to file false cases against their owners. Recently, I have asked me to vacate the shop with 2-month notice and he demanded Rs. 40 lakhs for goodwill, Rs. 10 lakhs for furniture and Rs. 10 lakhs to take material in the shop to vacate it, otherwise he will not vacate it.  I have recorded the whole discussion with Apple iPad's voice recorder and the voice is crystal clear. Can I use this voice recording as proof as per Section 65 B of Indian Evidence Act to prove that he has demanded the amount so that I could initiate a criminal case against him after serving the legal notice to vacate the shop, please ?

Please pass your experienced and helpful suggestions. I greatly appreciate your kind help.

Regards,

VK.



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 4 Replies

naveenraj jain (proprietor)     14 August 2015

It is indeed very painful to know that you have not consulted an advocate when letting you complex on rent. He would have rendered the much needed legality aspect. Now since you are already into it take any advocate help and don't worry. It will take few precious years to vacate

Advocate Rohit (Advocate)     14 August 2015

You may approach the civil court for vacating the licensee by stating that you want premises for self use. Do not call the person asa tenant otherwise he will come under the rent control act.

 

You need to serve legal noticeto the Licensee through an Advocate. Incase Licensee fails to vacate the premises than you may initiate legal action.

 

You may call on the below number for legal assistance, if required.

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

 

 

VK   14 August 2015

Can I use the voice recording under Section 65 B of Indian Evidence Act to prove that he has demanded the amount so that I could initiate a criminal case against him, please ?

Regards,

VK.

naveenraj jain (proprietor)     14 August 2015

Will filing a criminal case suffice you. Police cannot help you in vacating based on voice recording. Seems revenge is your priority and not getting physical possession. Voice recording can be taken as secondary evidence and very difficult to prove.

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