Tenant
Mahesh
(Querist) 14 July 2011
This query is : Resolved
My Mother is living in a rajouri garden from the last 22yrs every month she is paying rent on time.Basically we are from bangalore but settled in Delhi. now suddenly owner came n asking her to vacate the house or increase the rent by 30% in every 2 years we were increasing the rent as per the discussion before taking the house. I asked the owner if you wanna sell it out then sell it to us only because its been a 22years now. I am staying in different place.
Please Suggest me what to do.?
M/s. Y-not legal services
(Expert) 14 July 2011
File a suit before appropriate forum and get stay from unlawful eviction by your landlord.
Mahesh
(Querist) 14 July 2011
Harbhajan Singh Ji,
Currently we are paying 3600/- monthly.
Regards
Mahesh
Mahesh
(Querist) 14 July 2011
Harbhajan Singh Ji,
Its a 1+1 DDA (LIG) Flat.
Regards
Mahesh
H. S. Thukral
(Expert) 17 July 2011
Is there any lease agreement wherein the rate of rent is mentioned ?. Suppose you challenge the eviction petition and say that the rent is only 3000/- PM, has the landlord any proof that the rate of rent is 3600/- PM ?
why I am asking is that if the rate of rent is <3500, you shall be considered protected tenant and eviction would be difficult. But if you are paying 3600/- PM with proof then the eviction would follow after termination of the rent agreement. you can only defer the eventuality.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 July 2011
The best way to avoid this possibility is file a case for fixation of standard rent and request for deposit of rent in court.
Get copies of public records where landlord must have shown you as a tenant and rent which must be less than actual rent.
Mahesh
(Querist) 17 July 2011
Harbhajan Singh Ji,
The agreement was made 22yrs back only for 1 year. after that agreement was not renewed. Till 20years we are paying rent through Cheque and from the last 2years owner asked us deposit the cash on his account. So from the last 2years we are depositing a cash on his account. When agreement was made that time the rent was 1400/-rupees till the Time we paid through cheque the rent was 3300/- rupees.
H. S. Thukral
(Expert) 19 July 2011
if the rent at present is 3300/- being deposited by you in his account then tell him to go to hell. He can not eject you easily. donot increase rent now.
Mahesh
(Querist) 20 July 2011
Harbhajan Singh Ji,
Till the time we paid the rent through Chq it was 3300/- but from the last two years we are depositing the cash in his account is 3600/- and i think he cant prove that we depositing 3600/- coz he dont have any slip.
Regards
Mahesh
H. S. Thukral
(Expert) 21 July 2011
This can come out in bank statement. Nevertheless you contest his attempts. You can take a plea that a part of rent was towards furnishings etc.
