Landord wants me to evict.
viswanathan
(Querist) 01 August 2010
This query is : Resolved
Respected Experts, I refer to my earlier post dated 24 June 2010 wherein my landlord refused to accept the rent for my shop portion for the past 4 months. As advised by experts, i consulted a lawyer in chennai and sent a notice alongwith DD for 4 months rent. My LL accepted the rent and encashed the DD. Now he turned the entire case in a new way. Though I have paid the rent for every month without any default, he has not given me rental receipt for 22 months,now he is telling i am wilful defaulter for rent for 22 months and this 4 months rent he has adjusted in rental arrears and demanding 18 months rent (Rs.36,000 total) otherwise he will file eviction suit against me. I am not having anything to prove that i have given the rent. What can i do. Shall i pay the demanded sum of Rs.36,000/-. My lawyer has sent a rejoinder denying his allegation. Dear Sirs, kindly help me by your expert advice.
s.subramanian
(Expert) 01 August 2010
if there is no documentary evidence for payment of rents,it will be futile to fight against your land lord. it is better to go in for a compromise with your land lord,in the stated circumstances.
Devajyoti Barman
(Expert) 01 August 2010
If you have non proof towards the payment of rent then unfortunately you have to pay the rent whether the case is filed or not unless you could show by some other means that the rent was indeed paid for those moths.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 August 2010
What about the payments earlier, do you have reciepts for them. It not do not worry.
Even otherwise the landlord has to issue demanding due rent. Till that time collect evidence for earlier practice of giving reciepts to you and other tanents if any.
Please contact after reciept of notice for due rent. If the landlord issues such notice they make some common mistakes which will be helpful for you.
Rajeev kulshreshtha
(Expert) 02 August 2010
The conduct of landlord is doubtful because if there was a rent due for 22 months he should have to issue notice and initiate legal proceeding against you but in your case it is only a counter attack of your notice. According to you that you have send a rejoinder of the notice than wait for reaction of landlord and defend it.Let your land lord to do proceeding and if you have apprehension of force billy and illegal dispossession you can file a injunction suit against landlord .
M/s. Y-not legal services
(Expert) 05 December 2010
If there is no receipts or documents mean, then don't be worry about this case.. You can face your land lord smoothly.. He also having the burden of proof.
