Tenant landlord case
Harsh
(Querist) 19 April 2012
This query is : Resolved
Sir,
From the below case facts, tenant has received the notice from landlord asking the arrears rent of 12 years. If the tenant not reply the notice than what will be the expected consequences. In this case what argument will the tenant say for not replying of notice at the time of litigation. Tenant do not want disclose his stand in mere a pre -litigation notice.else waiting for replying at the time of litigation
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?
Raj Kumar Makkad
(Expert) 19 April 2012
No agreement against the public policy is having any binding effect and the same shall be called as nullity and can not be executed by force of law. Law of limitation prescribes clearly that the landlord is restrained to claim arrears of the rent limited to 36 months so an agreement executed by both parties before conciliation centre providing arrears for 12 years is not tenable before law.
In the given case, the tenant can at least reply the notice to the extent that the arrears is remaining for only 2 years and there is a mistake in his early agreement held before the conciliation officer. Tenant can also insert that he reserves his right to defence on all counts.
Such reply shall definitely in the interest of tenant.
Raj Kumar Makkad
(Expert) 19 April 2012
No agreement against the public policy is having any binding effect and the same shall be called as nullity and can not be executed by force of law. Law of limitation prescribes clearly that the landlord is restrained to claim arrears of the rent limited to 36 months so an agreement executed by both parties before conciliation centre providing arrears for 12 years is not tenable before law.
In the given case, the tenant can at least reply the notice to the extent that the arrears is remaining for only 2 years and there is a mistake in his early agreement held before the conciliation officer. Tenant can also insert that he reserves his right to defence on all counts.
Such reply shall definitely in the interest of tenant.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 April 2012
Hersh you are landlord or tenant, if tenant you have shown brilliant common sense for reasons of not replying the notice.
Guest
(Expert) 20 April 2012
Dear Harsh,
It is the discretion of the tenant whether to reply or not to reply landlord's notice. Tenant's non-reply to notice can be the strategy to be revealed only during the legal fight. Naturally, none of the parties is not obliged to reveal his strategy before actual litigation.
About agreement, if any, arrived at between the parties at Delhi mediation centre, the same is forwarded with a covering letter signed by the mediator to the Court in which the suit or proceeding is pending. The said agreement can form part of the suit and court's decree is normally based on that agreement.
Where no agreement is arrived at between the parties, before the prescribed time limit, and the mediator/conciliator is of the view that no settlement is possible, he has to report the same to the Court in writing. Rest depends upon the proceedings of the court of law.
Harsh
(Querist) 20 April 2012
Dear Sir PS Dhingra
The mediation center which I am talking about is a pre-litigation mediation center set up by delhi government in various locations in delhi.It has no relation with the litigation as right now there is no litigation initiated from either side.Its a non statuary mediation centers.
Shonee Kapoor
(Expert) 20 April 2012
Mediation always is non-binding.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 20 April 2012
reply to legal notice . agree with makkkad
Harsh
(Querist) 20 April 2012
Sir,
If the tenant denied arrears rent complete than what will be the consequences as if the tenant accept only for two year than a landlord may file a suit for eviction than in this case what to do?
Harsh
(Querist) 20 April 2012
Sir,
If the tenant denied arrears rent completely than what will be the consequences as if the tenant accept only for two year than a landlord may file a suit for eviction than in this case what to do?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 April 2012
Landlord has to prove rent dues by-
Regular rent receipts,
demand of due rent for more than six months and payment of local body taxes.
Landlords are trapped on one or other of above.
Non issue of rent receipts is criminal offense in most of rent acts.
Guest
(Expert) 20 April 2012
Dear Harsh,
Needless to mention that any mediation centre established by the Delhi Government has to follow the Mediation Conciliation Rules, as notified by the HC.
Of course, the parties may arrange for administrative assistance by a suitable institution or person in order to facilitate the conduct of mediation/ conciliation proceedings.
Although agreement, if any arrived at during such an informal mediation, may not be binding legally on the tenant, but when litigation starts, the landlord may have the upper hand when the court comes to know about existence of such an agreement and the tenant having backed out of the agreement having already made at the mediation centre. So, it will be better, either not to enter in to an agreement or to enter in to the agreement only after weighing all the pros & cons.
Guest
(Expert) 20 April 2012
About your supplementary information that if the tenant denied arrear rent, that solely depends upon the facts, as may be produced by the landlord or the tenant before the judge during the proceedings. Anything cannot be anticipated on one-sided presentation.
Harsh
(Querist) 20 April 2012
Dear Mr. PS Dhingra,
I do agree with your point. but what is the remedy available to the tenant in this case as the rent acknowledged by the tenant on the pressure of landlord is totally unjust. Even the landlord not issuing any rent receipt since inception of tenancy i.e. 30 years even the tenant is not giving anything to the the landlord as a rent and even there is no objection from the side of landlord in this regard. Now, from august 2011 i.e. after mediation cell agreement, even this landlord tenant relation which was not there before because they are relative landlord is a cousin sister of the tenant, landlord is asking rent, possession etc. even the arrears which is ascertain by the landlord is based on one note book paper which is having only calculation on it and even only written by tenant nothing is written by landlord on this paper as acknowledgment or any signature. Just showing that one paper landlord is claiming everything.That is the only paper which the tenant has shown in mediation cell for her claim for rent which the due the pressure tenant has accept. Now more such similar document has come in front of tenant after this settlement which shows that no liability is on the part of tenant. Tenant has everything and now paying regular rent to her bank account as per her desire. What to do than?
Guest
(Expert) 20 April 2012
Dear Harsh,
Just now you provided a very small bit of information from which it can be concluded that the case pertains to some very old tenancy dating back to about 30 years.
Please don't mind, your query is just like a hypothetical and academic type of query, as if you are putting questions to the law student taking some classroom test on theoretical basis without providing any clue about the actual problem. Every time you pour some new information that too on the same clueless pattern without coming to the real problem you face.
I don't think you would be able to get a any viable solution to your problem this way by making a long chain of queries and replies on guess by the experts. The manner you adopted would be more than enough to confuse you more than getting any solution on your problem
So far, you did not make clear what actually is the problem, how and why that arose, whether you are landlord or tenant, why the tenant stopped payment of rent, what steps the landlord has taken, how the agreement could be entered in to in the mediation centre, which you say under pressure, but what type of pressure thrust by whom has not been mentioned by you.
So, with all these reasons, it seems quite useless to waste any more time by experts on your endless and clueless queries.
I would, therefore, like to advise you to better hire services of a lawyer of your choice and put before him the exact facts and documents of the case, rather than making the experts guess what is what about your problem by asking such clueless queries.
From your queries it appears as if you are not interested to pay the rent for about 12 years to the landlord and you want some unethicl help from the experts by putting such a clueless queries.
adv. rajeev ( rajoo )
(Expert) 19 April 2012
