Eviction of rented property
Ananda Yogi
(Querist) 15 September 2016
This query is : Resolved
FACTS :Rented property in Delhi. Given on rent for Rs. 15000/- per month under unregistered lease agreement for 11 months.Tenant stopped payment of rent after three months. Case filed under section 138 for the bounced cheques.During cross examination, tenant has taken the plea that transaction of the tenant is with the wife of landlord because three cheques were cleared in the name of wife of the landlord. Cheques (duly mentioned in lease deed) given by tenant were blank in name column and by mistake wife put her name in the cheques instead of her husband who is owner of the property and who has executed the lease deed. Further, it is mentioned here that immediate prior to the present lease deed, there was rent agreement between my wife and father in law of the present tenant.In the previous rent agreement, the present tenant has issued cheques of rent on behalf of his father in law.
In the rented property, presently father in law of the tenant is living. One month notice for vacating the flat and premature terminating the rent agreement was issued to the tenant. During the process of vacating the rented property, notice was also issued to the father in law for illegal possession of the flat.
Questions :
1. Whether eviction suit complainant should be landlord only (who is also the owner of the property) who has executed the lease deed Or wife of the landlord should also be made complainant because of the plea taken by the tenant in the case filed under section 138 ( refer my above facts). What are pros and cons in both the situation?
2. Whether father in law, wife and children of the tenant, i.e. all the family members who are living in the house should also be made defendants/party in the case or suit should be filed against the tenant who has signed the lease deed. what are pros and cons in both the situation?
cherukuri prasad
(Expert) 15 September 2016
Suit must be filed against owner only
Raj Kumar Makkad
(Expert) 15 September 2016
1. Eviction petition is required to be filed on behalf of landlord who executed the lease-deed but there is no harm if the owner of the property is also impleaded as a petitioner.
2. Father-in-law should also be impleaded as respondent in the petition as ultimate vacation has to be made by him whereas the tenant is a mandatory party.
Kishor Mehta
(Expert) 16 September 2016
Sir,
Legally speaking is an unregistered document acceptable as evidence in a Court of Law?
Good luck,
Kishor Mehta
Ananda Yogi
(Querist) 16 September 2016
Thanks to the above Experts for the reply.
Sirs, I am the owner of the property and I have executed the lease deed. I want the experts views on :
1. Whether eviction suit complainant should be landlord only (who is also the owner of the property) who has executed the lease deed Or wife of the landlord should also be made complainant because of the plea taken by the tenant in the case filed under section 138 ( refer my above post). What are pros and cons in both the situation?
2. Whether father in law, wife and children of the tenant, i.e. all the family members who are living in the house should also be made defendants/party in the case or suit should be filed against the tenant who has signed the lease deed. what are pros and cons in both the situation?
Ananda Yogi
(Querist) 16 September 2016
Thanks to the above Experts for the reply. Sirs, I am the owner of the property and I have executed the lease deed. I want the experts views on : 1. Whether eviction suit complainant should be landlord only (who is also the owner of the property) who has executed the lease deed Or wife of the landlord should also be made complainant because of the plea taken by the tenant in the case filed under section 138 ( refer my above post). What are pros and cons in both the situation? 2. Whether father in law, wife and children of the tenant, i.e. all the family members who are living in the house should also be made defendants/party in the case or suit should be filed against the tenant who has signed the lease deed. what are pros and cons in both the situation?
Raj Kumar Makkad
(Expert) 16 September 2016
You have already been provided the due advice then what is the need to repeat your query in the same thread?
Ananda Yogi
(Querist) 16 September 2016
Makkad sir, I am still waiting for experts advice on question number 1.
Raj Kumar Makkad
(Expert) 16 September 2016
Can't you read my reply under serial no. 1 which is strictly in consonance with your serial of questions?
I copy and paste here for your re-reading.
Eviction petition is required to be filed on behalf of landlord who executed the lease-deed but there is no harm if the owner of the property is also impleaded as a petitioner.
I think you shall necessarily read this time
Rajendra K Goyal
(Expert) 18 September 2016
Agree with the advice from expert raj kumar makkad.
Ananda Yogi
(Querist) 18 September 2016
I am owner and landlord of the suit property who has executed the rent deed. The tenant has taken the stand in section 138 case of the same suit property(still pending) that he has transaction with my wife not with me because one rent cheques has been cleared in the name of my wife. My question is whether my wife should also be made joint petioner in the eviction case to inline with the stand taken by my tenant ?
Ms.Usha Kapoor
(Expert) 19 September 2016
you can make your wife a Jt petitioner in the eviction suit. You can also add father in law of respondent tenant in implead petition of respondent tenant.
Ananda Yogi
(Querist) 19 September 2016
Thanks usha ji for your reply
Ananda Yogi
(Querist) 21 September 2016
Thanks for the experts opinion.
