Landlord tenant
Harsh
(Querist) 11 April 2012
This query is : Resolved
Sir,
Can the agreement between the party at Delhi mediation center setup by delhi dispute resolution society is binding to both the party? if no than what are the consequences of this.
Under the agreement, it stated by one party that other party has not paid rent since more that 12 years. but the actual rent is pending for only 2 years which is come to know by the other party after finding the documents but after the said agreement. here tenant has been residing since 30 years at rent of rs. 100 p.m. What is the remedy available to the tenant in this case? since inception of the tenancy there is no formal agreement and even there is no rent receipt ever issued. both the tenant and landlord are the relative. Now landlord harrasing the tenant in relation to the agreement signed at mediation center and force him for legal action. Can landlord ask rent of so many years in delhi?
Adv.R.P.Chugh
(Expert) 11 April 2012
No the rent cannot be claimed ...under the normal rule though acknowledgment of liability serves to renew the period of limitation, but only when the acknowledgement should be made within the prescribed period only. To cut the long story short - He cannot as his remedy is barred by limitation.
As regards the agreement - if it represents something that you did not agree upon, file a suit for setting aside/declaration as to invalidity of the same on the grounds of mistake of fact.
ajay sethi
(Expert) 11 April 2012
rent is measly rs 100 per month . even if asking rent for some years it woulbe peanuts . since both are rellatives issue should be resolved amicably by involving famly elders
ajay sethi
(Expert) 11 April 2012
please note that as per meditation and concilation rules where agreement is arrived at between parties then it is forwarded to court and the court passes a decree on basis of said agreement
Rule 24 : Settlement Agreement.
(a) Where an agreement is reached between the parties in regard to all the issues in the suit or proceeding or some of the issues, the same shall be reduced to writing and signed by the parties or their constituted attorney. If any counsel has represented the parties, the conciliator/mediator may obtain his signature also on the settlement agreement.
1.The agreement of the parties so signed shall be submitted to the mediator/conciliator who shall, with a covering letter signed by him, forward the same to the Court in which the suit or proceeding is pending.
2. Where no agreement is arrived at between the parties, before the time limit stated in Rule 18 or where, the mediator/conciliator is of the view that no settlement is possible, he shall report the same to the Court in writing.
Rule 25 : Court to fix a date for recording settlement and passing decree.
(a) On receipt of any settlement, the court shall fix a date of hearing normally within seven days but in any case not beyond a period of fourteen days. On such date of hearing, if the court is satisfied that the parties have settled their dispute(s), it shall pass a decree in accordance with terms thereof.
(b) If the settlement dispose of only certain issues arising in the suit or proceeding, on the basis of which any decree is passed as stated in Clause (a), the court shall proceed further to decide remaining issues.
Adv.R.P.Chugh
(Expert) 11 April 2012
I think the querist talks about the Mediation Centre of Delhi Govt. which is a pre-litigation body
Harsh
(Querist) 11 April 2012
Thank you very much to Mr. Adv. Bharat Chugh.
It is a pre-litigation body. Sir if I don't file a suit for declaration than can my landlord move the court for the plea of enforcing the agreement? Sir what is the period of limitation for which you are talking about? Is this a rent claimant period which maximum of 3 years only ?
Harsh
(Querist) 11 April 2012
Sir,
If the property is not inherited by my landlord from her mother (i.e. both the daughters)and even the mutation has done. Than can we move for adverse possession ?
Harsh
(Querist) 12 April 2012
Adv. Bharat Chugh sir I need the case law or authority for saying on acknowledgment of liability. So that I can mention that in the court for reference.
prabhakar singh
(Expert) 13 April 2012
All said all true but burden to prove payment of rent is always on tenant and premises being in Delhi,it is not bad to pay
Rs. 100/per month as arrears which counts merely 1200 *12=1.44,000/=00much less than cost of litigation.
Harsh
(Querist) 19 April 2012
Mr. Prabhakar Singh,
Although the rent is so nominal but the tenant asking 12 years of rent @ Rs. 500 pm which around 70,000 in 2011 itself.
Harsh
(Querist) 19 April 2012
sorry landlord asking.
