suit for eviction
arun bansal
(Querist) 25 June 2010
This query is : Resolved
we are the tenants in suit property since 1960. In 1990 in a personal dispute between the landlord brothers my father under oath stated as per the current landlord of that time that he is licencee in suit property. My father was died in 1990. Now a suit for eviction was filed by the new landlord taking stand that we are the licencee. We have all the rent receipts of current year issued by old landlord. What should we do?
B K Raghavendra Rao
(Expert) 25 June 2010
When you are in legitimate occupancy of the rented premises, i.e. your father was the tenant and you are continuing there after the death of your father, you shall be evicted from the premises only by an order of the court. Therefore, the landlord has filed a suit for eviction. You will have to contest only to gain time. If you have all the receipts, it would only help you in establishing that you are not trespassers and that you cannot be evicted for the reason of non-payment of rent. Otherwise, it would not come to your help.
However, you will have time to vacate the premises until the orders are passed.
Devajyoti Barman
(Expert) 25 June 2010
The ground of licensee can validly be disputed by the rent receipt. In written statement you have to make a case for tenancy. Their case for licensee then would likely to fall.
niranjan
(Expert) 25 June 2010
I agree with Mr. Burman.
