Tenancy xrox agreement
Adri
(Querist) 27 November 2018
This query is : Resolved
I have a Residential Premise.I (landlord) has filed eviction case.
Landlord lost Original agreement and have only XROX.
Teant have no Original agreement or XROX.
Tenant have no rent receipt , he had paid by hand.
Landlord has claim that , tenant has altered Premise.
Tenant agreed and claim that he has altered with Oral Consent.
My question is that , as there is only XROX of agreement.
Court case run on basis on XROX paper ?Will court Consider
XROX like original ?I want to mention that, tenant has claim
some point of XROX agreement is false.
Oral Consent of constructing building by Tenant will be considered
in court ,court will believe on tenant ?
Isaac Gabriel
(Expert) 27 November 2018
In fact you are the tenant as per your statement.Why you want to capture hte property in an illegal way. Discuss with the landlord and amicably settle so that both of you can have peace of mind.
Adri
(Querist) 27 November 2018
No ,sir I am landlord.Trying to evict tenant.
V.Raghunadh
(Expert) 28 November 2018
1. XEROX DOCUMENT CANNOT BE CONSIDERED AS THE COURT WILL INSIST UPON ORIGINALS.
2. THEREFORE COURT CASE CANNOT RUN AS ASKED BY YOU.
3. THE COURT CASE CANNOT STAND UPON ORAL CONSENT AS THE TONGUE CAN BE TWISTED IN ANY DIRECTION.
Adv Shailendra Deshpande
(Expert) 28 November 2018
1. Oral consents or any oral acceptance in landlord & tenant must be proved by strong and reliable witnesses.
2. Photocopies of any agreement are treated as Secondary Evidence in court.
Both points 1 and 2 are accepted or rejected by court based on evidences and how case is presented in the court by lawyers. the Judge has discretionary power for the same and it can't be predicted at this level.
Guest
(Expert) 28 November 2018
A Precise Good Advise by Expert / Advocate Mr. Shailendra M. Deshpande.
Adri
(Querist) 29 November 2018
Thank you expert.Thanks for your valuable time.
Dr J C Vashista
(Expert) 29 November 2018
Did you terminate tenancy before moving for eviction ? If so, it might have been issued by a lawyer. Besides this, for filing eviction petition you must have engaged a local lawyer , if you are landlord ??
What is his/her opinion qua admissibility of photocopy of rent agreement/ your question ? Answer has to be "NO".
However, if you have lost faith in your lawyer change him/her immediately.
But do not rely upon the obligation/advice of experts on this platform despite the fact it is available FREE OF COST, since it is based on limited facts provided by you in your post.
Lalit Saxena
(Expert) 30 November 2018
Hi,
on the basis of information provided by you, there are couple of things missed, like, whether contract was valid or void or voidable, is there any extra clause to be consider, as a land lord you have sufficient rights to file eviction,but only if all ground are ok .
Hemant Agarwal
(Expert) 26 December 2018
1. IF the original Tenancy Agreement was properly stamp duty paid & registered, THEN the Photocopy of the same shall be admissible in a court of law, subject to certain parameters of law, ELSE the Tenant has to voluntarily accept the photocopy of the unregistered Tenancy Agreement, for matters to move forward.
2. All oral agreements are legally non-enforceable in a court of law, UNLESS the Tenant voluntarily agrees for the same, for proper adjudications.
Keep Smiling .... Hemant Agarwal
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