Landord wants me to evict.
viswanathan
(Querist) 06 September 2010
This query is : Resolved
Respected Sirs,
I have posted two queries regarding a rent dispute between myself and my landlord and respected Experts were kind enough to give their expert opinions which was very useful to me. I am sorry to trouble you again regarding this.
I am paying rent (Rs.2000) regularly to me LL every month for a shop portion in T.Nagar Chennai . LL not issuing receipts. When asked for receipts, next month I shall give, next month jointly I will give he said. Meanwhile dispute arose between me and him during April 2010. LL then refused to accept rent and asked me to vacate. Meanwhile 4 months passed. I sent 4 months rent by DD alongwith my Lawyer notice. LL accepted the rent and converted the no rent receipt period of 18 months as non payment of rent willful defaulter / chronic defaulter and demanded 18 months rent otherwise face eviction proceedings. Again I sent next month rent of Rs.2000 along with rejoinder stating that all rent has been paid by cash. Again he sent another reply that unless otherwise I pay arrears of rent he shall file eviction proceedings. I met my LL’s advocate (opposite party advocate) and spoke for compromise proposal by paying Rs.30,000. After consultation with his client (ie. my LL) he said that LL is not interested in compromise, he wants possession of his premises and they have filed eviction suit on 30.8.2010. My query is :
1. Now I have made up my mind to pay the demanded arrears of rent of Rs.36,000 on the first hearing of the R.C.O.P. itself by DD since I am not having the rent receipts to argue my case. Will the Hon'ble Judge appreciate my stand and dismiss the case since the arrears has been paid without any arguments / litigation.
2. After receipt of the amount, will the case for eviction proceed. What will be the outcome of the case. I am not in a position to vacate the shop since it is my old breadwinner. I want to drag this case for minimum 10 years, will it be possible for me. Kindly advice me.
Devajyoti Barman
(Expert) 06 September 2010
1.If the LL accepts the rent by DD then it is proof of payment of rent and no separate rent receipt is required. For arrears payment you can apply before the rent controller and pay the rest amount.
2. Even if now you do not pay and wait till the filing of the eviction case and pay in that case itself , that is sufficient enough.Once the arrears rent is payment the default ground goes. However in your case the LL apart from default ground may take other grounds like reasonable requirement of the premises for which you have make appropriate defence.
R.Ranganathan
(Expert) 06 September 2010
If the LL has filed eviction petition stating only the arrears of rent, then you don't have to worry. You can show the DD as proof of payment in the court and further if the court feels that you are in arrears then you pay those arrears. The court will not evict you on this ground. The LL's Notice does not speak anything about other grounds of eviction, it seems.
Kiran Kumar
(Expert) 06 September 2010
dear one aspect you must keep in mind mere long possession as a tenant will not provide you ownership rights. there will be a time when the Landlord will be able to evict you from the premises.
if it comes to personal necessity then the law, in most of the cases, is in favour of landlord.
its better to settle the matter amicably otherwise the litigation will make trouble to you as well.
for the time being you may file a suit for permanent injunction to restrain the landlord from throwing you out without adopting the due procedure of law but this will irk the landlord and thereafter the compromise will be difficult.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 September 2010
Dear learned freinds all state laws are in favor of tanents and not for landlords.
1) Non issue of rent reciepts is criminal offense.
2) Court will allow the tanent to pay overdue rent., but landlord has to prove dues.
3) Tanent can also apply for fixation of standard rent in conformity of similar tanaments in the vicinity.
Defficult for landlord to take possession , except for defalut of rent, sub tenancy and unauthorised major alterations in the premises.
