RCOP in rent control court for eviction of tenant

Mohammed Khaleelullah (Querist) 15 December 2010 This query is : Resolved
My landlord has filed a petition in the rent control court for eviction on ground of seeking additional accommodation u/s 10 (3)(c) of Tamilnadu Buildings(Lease & Rent control Act,1960.I am occupying a small portion of 400 Sqft house and regularly paying rent of Rs.5000, without any default for the past more than 5 years. Initially a rental agreement was signed for 11 months on 01-07-2005.Thereafter every 11 months the landlord used to get endorsement continuing the tenancy and also enhancing the rent.The rental agreement was not at all registered.He has made a false claim for additional accommodation for settting up a dental clinic by his daughter-in-law.She is not at all staying here and already having clinic elswhere,whic he falsely denied.There is another tenant who has not been touched.Landlords' three sons already having separate portions each, which he has denied saying it is under his occupation.There are totally six portions. One occupied by landlord, three portions by three sons and two portions rented out.The building is purely residential and his requirement now for setting up a dental clinic is a commercial prpose.I want to know what are the chances of my winning the case. what are the likely questions I will be faced during cross examination.In what way I should be prepared to face the cross examination to win the case. I want to hear form experts in the field of rent control Act to come out of the situation.

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Guest (Expert) 15 December 2010
You have nicely narrated the background of your case. But you have not told anything about your side of contentions in the Counter filed by you. You have to stick on to the contentions of the Counter. You may note that the Registration of Lease Agreement for less than one year is not a must. Further your landlord has option to choose any tenant for eviction. Setting up of Dental Clinic is not strictly a commercial activity and hence it cannot be a ground for challenge. You have said the Dentist already have a dental clinic. But if it is in rented premises, then your landlord can ask for owner's occupation for her to set up clinic in their own place. Your side is very weak viewing from any angle. But you may try your luck in appellate courts.

Mohammed Khaleelullah (Querist) 15 December 2010
My contentions in the counter are that Landlord is not in the habit of issuing receipts for the rent received.He is not issuing the same to hide the quantum of rent with the public authorities and IT department for fear of increased taxes.There is a open space facing the road and he can set up clinic there.As registration of rental agreement and receipt for rent received was sought landlord was prejudiced and initiated the proceedings.As I retired recently and yet to get pensionery benefits and son is studying in college and wife is ill,the landlord knowing all these problems wanted to harass the tenant.There is sufficient accommodation for the petitioner and his family. His daughter-in-law is not at all staying in this house, she is staying along with her husband and children in her parents own property of which she is a share holder and running a clinic there.The place is not suitable for running a clinic as it is not satisfying Dental Council of India requirements. The petitioner is owning another property in the same area.The petitioner's claim that equipments for settting up clinic have been purchased is also false as no evidence or receipts for its purchase has been produced.Hope now it will be more clear.Kindly opine further in the matter.

s.subramanian (Expert) 16 December 2010
When they have sufficient accommodation in the same premises,they cannot make out a case against you for your eviction. you can take steps to prove that they have such accommodation. then only you can succeed.

PALNITKAR V.V. (Expert) 16 December 2010
To save yourself you must prove that there is other alternative accommodation available of their own for dental clinic

Kirti Kar Tripathi (Expert) 16 December 2010
agree.

Advocate. Arunagiri (Expert) 16 December 2010
I think the landlords is having a genuine case.

Mohammed Khaleelullah (Querist) 21 December 2010
Thanks for the reply.

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 December 2010
Be ready to fight. Get all the details of the properties of the landlord through court orders.

Also seek rent receipts and account of rent paid prior to cross.

Tenants loose because no ready homework is done. What in India but world over the laws are such that it is defficult for landlord to get possession.

Mohammed Khaleelullah (Querist) 21 December 2010
Thanks for the response to one and all. Wish U all a very happy and prosperous new year.

RCOP in rent control court for eviction of tenant

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