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eviction

(Querist) 23 March 2010 This query is : Resolved 
hi, i am tenent and just lost the case in rent court on the ground of personal need & arrears of rent. landlord says he has no property other then this and he is retired person. on the other side rent has been assesed by the court in his favour and i am ordered to pay balance rent which i did not pay. eventually court ordered eviction. so two rent controllor passed the eviction order against me. however i am not satisfied with the order and put the application in dist & session court. i just wanted to know how strong is my case. should i fight the case or compromise with my lanlord. where as landlord says if i evict he will not take the arrears. the arrear is nearly rs 3 lacs, which is big amount. what should i do as hearing date is very close. please advice. i also want to know can dist& session judge can change the rent assesd by the rent controllor.
aman kumar (Expert) 23 March 2010
you can do legal compromise !
adv. rajeev ( rajoo ) (Expert) 23 March 2010
you have already got orders against you by the two rent controller, moreover now a days law is in favour of the landlord and no hopes for you so it is better to go for compromise to save Rs.300,000/-
B K Raghavendra Rao (Expert) 23 March 2010
Your case is very weak. It is advisable to compromise with the owner or quit. If the owner requires his premises, he need not even give reasons for it. The law is in favour of owners.
nidhi kalia (Expert) 23 March 2010
i do agree with b.k. raghavendera rao. bcoz the law is in favour of owners.
Parveen Kr. Aggarwal (Expert) 23 March 2010
You have stated the eviction has been ordered on two grounds, i.e. one on the ground of non-payment of rent and the other on the ground of personal necessity of landlord.

Remember for continuing in occupation of demised premises, it is a pre-condition that tenant continues paying rent of the premises. You have stated that rent has been assessed by the Rent Controller in favour of the landlord but have not stated on what material rate of rent has been assessed. It is settled law that the burden to prove rate of rent is always on the landlord. If the landlord has not adduced any convincing evidence to prove the rate of rent alleged by him, you may raise this contention in the pending appeal and the appellate court may set the assessment aside and may fix the rate of rent as claimed by you. Even then you will have to pay the arrears of rent.

Regarding the second ground of personal necessity, it is for the landlord to prove all the ingredients of the relevant provision which generally include that the landlord does not have any other premises in his occupation in the urban area concerned. If in your case the landlord is having another building in his occupation or in fact the landlord does not require the premises for his personal necessity, you may highlight this fact in appeal on the basis of evidence led by you before the Rent Controller. You may even produce additional evidence, if you have any, after getting permission from the appellate authority.
Even in some Rent Control Acts, there is a provision that in case the landlord does not put the premises to the same use for one year for which he has got vacated the premises, then the tenant has right of re-possession of the premises.
rashmi (Querist) 24 March 2010
thanks for your suggestions
clearifications

1. basis for personal need

lanlord has stated that he is retired person & does not hsve any house other then this house in india. he has wife and two married son and they all are living in rented house.

2. basis of rent assesment

the court assesd the rent on the basis of rent deed in which this rent @7000/- per month mentioned which he claimed orginal and notory recognised it as his witness where as i had also a rent deed which was true copy in which rent was 2000/- .

now you stated that even the distt. judge reverse the decision i have to pay the arrears, i cannot understand that. when he would asses the rent in favour of me then how i will pay rent arrears. second what about the pesonal need of lanlord can i break this plea also ?

please suggest
thnks
Parveen Kr. Aggarwal (Expert) 24 March 2010
If the landlord is having any other house either in his own name or in the name of his wife or any of the sons and he is residing in such a house or even if any house in the same urban area in the name of any of the above is lying vacant, you may succeed on the ground that his requirement pleaded in the court is not bona fide.


Whether the rent deed of Rs. 7,000 bears your signatures? If yes, then in what circumstances, you signed the same has to be explained to the Court.

You have stated that you are having a rent deed of Rs. 2,000. Then why the court of Rent Controller did not believe your rent deed.

It is settled law that before passing eviction order on the ground of arrears of rent, the Court is bound to afford the tenant an opportunity to pay the arrears of rent and only if the tenant makes default therein that eviction order on the ground is passed.
rashmi (Querist) 25 March 2010
hi,

thanks for reply

as far as the house is concerned landlord has stated that he his wife his sons no one has house in india left alone perticular urban area. he and his family is living in rented property.

as i have earliar told that the rent deed was approved by the notroy himself and i could not produce any witness in the court.it was the deed the bore my signature and the signature of witness from my side also. i had only true copy of that which was blank and subsequently i filled rs 2000/- in it.

as far as oppertunity to pay the differance or arrear to me yes i was given the oppertunity but i could not pay the same. i just want to ask if i have put up the application distt court should i am bound to pay the arrears when appeal is pending.according to rent conrollor the rent is assesd and i have to pay the balance even i have put up application in higher court.
thanks
Parveen Kr. Aggarwal (Expert) 25 March 2010
In case of eviction order passed by the Rent Controller, the Appellate Authority (the District Court)may fix mesne profits to be paid by you during the pendency of the appeal.

If the landlord is not having any other house to live in and he is himself residing in rented property then it is very difficult for you to prove that his requirement is not bona fide.

If you have failed to prove the rate of rent and the rent deed showing rent at Rs. 2,000 you also cannot succeed in your claim of rent being at that rate.

Better you compromise the matter with the landlord.
rashmi (Querist) 26 March 2010
In case of eviction order passed by the Rent Controller, the Appellate Authority (the District Court)may fix mesne profits to be paid by you during the pendency of the appeal.

kindly eloborate i am unable to understand. i just wanted to know if distt judge the reverse the decision then do i need to pay the arrear or not.

about the rent deed the notry said the rent deed having rs 7000/- is of course original but also said the true copy having rent 2000/- may be left blank by me(notory) and rent controllor gave prefrence to that deed not mine.

about the house for lanlord i have already stated that to you that he and his entire family does not have any another house.

thanks
waiting for your reply.


thanks
waiting for your reply
rashmi (Querist) 21 June 2010
hi ,
to update all of you i have lost the case at district court also. district judge has increased the rent from 8000/- to 10000/- and also passed the order to evict on bonafide necessaity. he also ordered to me to pay arrers of rent till date and given me two month time to deposit it otherwise the eviction is there.the rent was incresed from 7000/- to 10000/- under the application of mence profit. what should i do now?. should i move to high court or compromise and if i move to high court what are the chances for me? will my application be admitted in high court or my case is so weak that it can be finished in prelimiary hearing.

please suggest

thanks
rashmi (Querist) 22 June 2010
can anyone reply please ?
what is the meaning of s.c recent ruling abt property cases can not be put up in high courts.

can anyone reply?


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