Owner wants evition after losing case
Saurav
(Querist) 21 May 2016
This query is : Resolved
a)Owner filed a suit for eviction & recovery of possession which was in his favour
b)Appeal filed by me in Sessions court reversed the order as the Civil Judge relied on probabilities, assumption & presumtions,
It is admitted the execution of the rent agreement dated 13.10.2006. It is also admitted that the rent of the tenanted premises was Rs. 3,000/per
month. It is also admitted by the respondent/plaintiff that no fresh
agreement was entered into between the parties. The plaintiff has failed
to place on record any proof regarding the existence of the rent of Rs.7,000/permonth. It is specifically admitted by the plaintiff that he has
not given any written notice to the tenant for enhancement of the rent.The admitted rent was Rs. 3,000/per month. The plaintiff has admitted
that no notice was ever issued for the enhancement of the rent. Therefore,
it is clear that rent was not enhanced as per section 8 of the DRC Act. In
the absence of any other rate of rent being proved by the plaintiff, this
court has no hesitation to hold that the rate of rent of the suit premises
was Rs. 3,000/per month as admitted by both the parties. The existence of the rate of rent @ 3,000/per month brings the suit property within the
purview of DRC Act and the suit for recovery of the possession filed by the
plaintiff is barred by section 50 of the DRC Act. Accordingly, the findings
of the Ld. Trial Court on the issue no.1 are reversed.
11.In view of the above discussion, the judgment and decree passed by the
Ld. Trial Court are set aside. The suit of the plaintiff is dismissed being
barred under section 50 of the DRC Act. Decree sheet
Copy of Judgment by sessions court on the appeal filed by me in my favour
Now I have received a notice from the owner for eviction & increase of rent 10% is it legally standable,
The owner owns nearly 6 floors & i m residing in one of them he claims that his son & doughter in law wants to live on the premises
Rajendra K Goyal
(Expert) 21 May 2016
Show all documents with court orders to local lawyer and reply the notice.
Saurav
(Querist) 23 May 2016
Any honest & intelligent lawyer you can suggest located in west delhi
R.K Nanda
(Expert) 23 May 2016
search google.
Saurav
(Querist) 28 May 2016
pls advice Any honest & intelligent lawyer you can suggest located in west delhi
