Landlosrd tenant case
Querist :
Anonymous
(Querist) 23 December 2011
This query is : Resolved
we are tenant in shop as pagri system since lase 30 years. Original landlord sold his house to present land lord 10 year ago. there are 3 shops in house. 2 with landlord & one with us.
Now lanlord has has filed a case that he to evict the shop that he has two sons & require shop for them. & other ground is that shop is too old & need to be demolish.& filed a pettion regarding that.& requested court to fix a building expert to take status of shop.
I am feared that building expert will be baised by land lord and give report in his favour. What should I Do?
Querist :
Anonymous
(Querist) 23 December 2011
above said shop is in haryana, destrict rewari
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2011
get a good local advocate , eviction is not easy.
Do your home work properly and collect all information about the landlord and his all activities.
Querist :
Anonymous
(Querist) 23 December 2011
Should i meet some building expert & get a report that building is in healthy condition.Will that help me. what should be my step ?
niranjan
(Expert) 23 December 2011
Since his requirement is for bonafide purpose,you will have to find out whether it is genuine or not.If he wants for reconstruction,then you have right to re-enter in the property
Advocate Bhartesh goyal
(Expert) 23 December 2011
Since landlord has two vacant shops in his possession so it seems his need is not bonafide, collect the evidence and try to disprove his need and also old building does not mean that the same is required to be demolished.For demolition landlord has to prove that building is unsafe and dangerous for use.
prabhakar singh
(Expert) 24 December 2011
You need to contest on two fronts:
A]need pleaded not bonafide,
B]building is in good health.
collect evidences accordingly.
Querist :
Anonymous
(Querist) 27 December 2011
Sir, On the other hand, landlord is offering us some amount as settlement .
and giving rs. 5lac as agrrement amount balance on my evidence on comimg court date that i am ready for eviction.
Can i make agreement. Is it safe . Or payment should not be mentioned on agreement.
prabhakar singh
(Expert) 27 December 2011
This would amount to surrender your lease rights for which consideration can be validly mentioned in the agreement but the position is that if a court case of eviction is already pending no such agreement can be made out side the court,then if he pays you 5lac and thereafter ditches you this agreement shall not be enforceable by court of law.
If you agree to his terms and want full agreed consideration safe, bring him to a term that there shall be a compromised filed in court
and all money shall be payable before court,if he his offering some amount black then that amount should be taken in advance before compromise to be filed in court;the compromise being surrender deed of immovable property shall attract payment of stamp duty and registration for which it should be clearly agreed that all such expenses would be payable by the landlord.
Another way is that a registered surrender deed is made in registration office and you receive all agreed consideration there before sub registrar and there after he withdraws his eviction suit against you moving an application that you have vacated hence suit has become useless.
Otherwise agreeing to his proposal and signing unregistered agreement on part payment may prove fatal and in case he ditches, you would not be able to realize that.
The amount you shall receive would attract
capital gain tax which should be taken care of by you.
Devajyoti Barman
(Expert) 29 December 2011
If the landlord is giving you such amount for settlements then it is a good offer which you should not refuse.
Querist :
Anonymous
(Querist) 29 December 2011
Prabhakar Sir & all, Thanks for giving your valuable inputs.
I have done an agreement with 6 lac advance & balance upto 30 may 2012 through a trusted dealer known to me & my landlord.
agreement is kept with dealer. no photo copies of agreement are given to both parties. As I get full payment agreement will be torn.
this agreement will not be put in court.
As Landlord will give me balance amount. That day both of us will reach at court & say that we have compromised. actual compromised amount will not be disclosed.
Am i going on safe track. Please suggest ?
