Any low in favour of tenant
Kamlesh
(Querist) 27 May 2013
This query is : Resolved
Respected sir,
i have a rental house in gujarat vadodara. i have been living since 1945 and my monthly rent is 11 Rs. fixed by court. Now today i have not been paid any municipal tax since 2005 but i have paid rent upto may 2013. my landlord sell this property to a third party and that third party has forced me that i will pay you some money and leave this property. i have rent receipt of 70 years which i have paid and till i have possession of that property. i am not living that place now but i lockd my house. can that third party suit against me and can that third party will win this case . please help me
ajay sethi
(Expert) 27 May 2013
before landlord files any case against you start staying in your rented flat . it is not easy to evict a tenant who has been staying for 70 years .
however if landlord is offering you good price for your house grab the offer .
Adv Archana Deshmukh
(Expert) 27 May 2013
You are not living in that place but have kept it locked. Your new landlord can file for your eviction if the rent laws in Gujrat provides for eviction of a tenant on the ground of non-user. If you do not need that house then, as Mr. Sethi said if your landlord is offering you good price then, just take the money and vacate.
Kamlesh
(Querist) 27 May 2013
Sir,(third party)landlord is not offering me a good price and landlord has send me a notice by advocate that i am not living in that house and not paying 5 years municipal tax, light bill and property is not in good condition. i am also not offering him big amount but still he is not interested in my price. other facts is that in 1945 to 1995 rent receipt is in the name of my father but in 1970 my father was dead however in 1970 to 1995 all rent receipts are in the name of my father but dully signed by me.And 1990 to till date all rent receipts are issued on my name and sign also mine. can my elder brother claim for his part of money if i grab the offer of landlord? and what should i do for getting handsome amount from landlord? and if anyone has this type of any supreme court judgement please send me its very urgent for helping me.
R.K Nanda
(Expert) 27 May 2013
file reply to LN asap.
Raj Kumar Makkad
(Expert) 28 May 2013
We do not provide the 'tricks'and 'frauds' which you want to play with your brother as well as with landlord.
Kamlesh
(Querist) 29 May 2013
Respected raj kumar Sir,
This is not a fraud. This is my right to protect my family and my house from all who cheated me like my elder brother,landlord and many more. if you do not have any suggestion please don't post this type of reply. i need just help and i am not a fraud person. my repudiation is very good in the market. so if you do not know the real fact please don't post such a stupid reply.
Guest
(Expert) 29 May 2013
Dear Kamlesh,
Help is given for genuine cause. Your irritation on expert's reply is not justified. Do you expect that the experts here would automatically know the real fact, when you have not stated the full facts. You have not mentioned how your elder brother or landlord has cheated you. You have also not mentioned the purpose of locking the rented property when you are not residing there.
If you feel replies of experts, as stupid replies, it would be better if you consult some local lawyer to get appropriate help. Otherwise, if you have kept the house locked just to extort money from landlord, you have already been advised appropriately by Shri Ajay Sethi to grab whatever offer the landlord has made to you.
But, rest assured, if by not living in the house you try to expect the law to help you get a good money from the landlord merely due to about 60 years of your habitation, I don't think law can come to your help, as locking of the house and not living there clearly denote that you do not have the need of that house to live (a matter of commonsense). Had you been living there the law could well have a full support for you.
Kamlesh
(Querist) 31 May 2013
Respected PS dhingra Sir,
i appreciate for your guidelines. This is the style to reply for any post instead of saying fraud. Now you asking me how your elder brother or landlord has cheated you. i tell you that my elder brother and i have two house in other location not this rented house. my father gave me and my elder brother both 1 separate house. my brother lived in that new house since 1970 after my fathers death and i lived in that rental house. my elder brother lived in that house which my father gave him and me also. now i have two house 1st one is rented and 2nd one is that which my father gave me. now my brother was threaten me on that time and my new house which my father gave me rented to tenant without my consult. and All rent amount is taken him self nothing is given to me. this is happened since last 15 years and this is a fraud. and whenever i asking him that i am coming to my new house, he angry with me and quarrel with me. on that time he file a suit against me and i won the case because that house is in the name of me. but in 2005 that rented house's condition is badly down because its very old. so in 2005 i lived in new house which my father gave me. and now my elder brother again quarrel with me and taking sign of my on simple paper by threatening that i am eligible to take money in that rented house and you should give me that money whenever you grab this rented house.
now you know my elder brother cheated me and taking rent of 15 years. this amount is around 5,00,000 which is actually mine.
