Tenant eviction -non-payment of rent - justice reg.,
Querist :
Anonymous
(Querist) 10 June 2020
This query is : Resolved
My father (72 years) rented a house ( two houses in the same compound)- front house rented to tenant & the back portion was kept for my father use - I and my family reside in a seperate house) in Feb 1st 2019 to a tenant Mr.XXXX for monthly rental of 9000/- and a advance of Rs.1,00,000/- only and entered into agreement for 11 months period. Due to health issues my father planned to settle his property , so he made a settlement deed with the same property on my name on June 2019.
Hence the previous tenant agreement became void and therefore we planned to enter into new agreement with the change in landlord name (in my name). All the previous transactions made by the tenant were merely online till Aug 2019 (rent for the month of July 2019). After which, he stopped paying rent after the agreement change i.e., from the month of Aug 2019 . the new agreement holds the same statements for the transaction of rent i.e., in my father 's account after the name change, as it is the only source of income for my old age parents.
The tenant all of a sudden sent a legal notice to me and my father with a false allegation saying that I demanded Rs.9,00,000/- as lease amount (Bokkiam) and he paid the same as cash to me without any agreement. He also mentioned that I am willfully not entering into lease agreement. (dated Sept 15th 2019)
Such allegation was faced by us proper counter legal notice from our side. (18th Sept 2019).
But after that my lawyer filed a caveat (24th Sept 2019)
Tenant filed a civil suit asking not disturb his peaceful possession. (4th Oct 2019)
Our lawyer filed a civil suit confirming the tenant -landlord relationship and not to disturb the landlord to occupy the back portion. (20th Oct 2019)
Meanwhile, On feb 10th 2019, tenant and his wife using filthy language manhandled my old age parents, when they asked for rent. Therefore we filed a FIR on the tenant and his wife on 25th Feb 2019 under section 294(b), 427, 387, 506(2), 4 women harrassment case.
After these incidents we were able to get info of the tenant in his past rented houses. We came to know that he as a past history of engaging in similar activities and the tenant managed to get lumpsum amount from the landlord in all the cases afterwhich only he vacated the house.
I am now trying for RCOP /RLTOP, Is it the right path to approach?
Kindly provide me solution for the present situation. I am helpless.............
P. Venu
(Expert) 11 June 2020
The posting suggests you are adding confusion to the facts. In a legal dispute only material facts are relevant.
R.K Nanda
(Expert) 11 June 2020
State facts briefly.
kavksatyanarayana
(Expert) 11 June 2020
Your query is just confusing. Better to consult your counsel who knows the facts.
Raj Kumar Makkad
(Expert) 11 June 2020
What is the use to post such long long history just meant for you? You have no question for us. If you obtain past history documents of the said tenant, it is correct for you, what is legal issue in this common sense?
Dr J C Vashista
(Expert) 12 June 2020
You have already stated to have engaged / paid a lawyer for submission of reply to the legal notice of the notice, s/he is well aware about the facts and circumstances of the case and an able, competent and intelligent enough to satisfy your questions, if any.
Prima facie either you are confused or attempting to confuse experts through this post, as already observed and pointed out by learned legal specialist, which I concur.
Rajendra K Goyal
(Expert) 13 June 2020
Full case file need to be referred, discuss in detail with your lawyer.
Your parents have ti option to call senior citizen helpline in case of need.
Landlord tenant disputes are common and such tenants generally succeed to extract handsome money from landlords.
You have engaged a lawyer, discuss every future step from tenant with him.
K Rajasekharan
(Expert) 16 June 2020
His suit may not survive and will be dismissed when he fails to prove what he stated. If the amount of transaction exceeds 2 lakh it must be non-cash transaction.
Rent Control case normally takes not less than three years. Including appeal and revision, it may go upto 7 years.
RDO can interfere under 133 d CrPC, if the building is a dilapidated one and you want to reconstruct it. If he is not issuing any order you can seek a direction to him from high court by filing a writ. The high court may come to your help by directing the RDO to do what is lawful.
By his order you can evict him but with some repair you can escape your burden to repair it.
If you are not exaggerating the facts in the police cases they would end up in your favour, provided the police officer is a law abiding one.
Rent control law is in favour of the tenant. Without using some tips and tricks a landlord cannot evict an unwilling tenant.
Raj Kumar Makkad
(Expert) 19 June 2020
Yes, I do agree with the detailed advice of K. Rajashekhran.
