Owner and tenant (rent control)
Suresh Babu Rai
(Querist) 07 December 2014
This query is : Resolved
Dear Experts!
Sub: - Matter under rent control Act.
Respected Sir, I have sent a legal notice to a tenant stating that my client is the absolute owner of a House and the addressee is the tenant. The premise is taken on lease to carry out addresee commercial activities on September 22nd 2011, but orally agreed on August 01st 2011. Therefore, the tenancy commenced in the month of August 01st 2011 and the rent is fixed at Rs.1, 900/- excluding electricity charges, payable on or before 5th of every calendar month and that the tenancy is a month-to-month tenancy i.e. commences from the 1st of every month and ends on the last day of the same month and is terminable under law by issue of 15 days notice.
The tenant been defaulting in payment of rent and never paid him right from the date of his occupation, further the addressee violated the terms of agreement of lease. The lease agreement was reduced on Rs. 100/- NJ Stamp Paper. The said lease was eleven months only, but the same was continued till to date mutual understanding of my client and the tenant. That under the circumstances my client has concluded that, it is undesirable to continue the tenancy of the aforesaid premise and their by determined the tenancy of premises is deemed to be canceled with effect from 15 days from the date of receipt of my notice. As such this notice shall be treated a notice under Section 106 of TP Act.
The addressee called upon to vacate and handover vacant and peaceful possession of the said premise on expiry of fifteen days and there will be no more a tenant of my Client there onwards.
The tenant has received my legal notice and approached the Court of Law by filing a suit for injunction against my client. The Court pleased to order urgent notice but not with interim injunction. The suit contained that, the tenant not from the lease agreement aforesaid but living since long time, but he do not enclosed any bill or receipt of the rent along with plaint.
Sir,
During the pendency of injunction is it possible me to file a suit for eviction against the tenant separately by defending the suit for injunction filed against my client. The city is covered under Rent Control Act.
Thanking you one and all,
Yours Sincerely,
RSB
Kishor Mehta
(Expert) 08 December 2014
Sir,
A document of lease or leave & licence, has to be registered, under Maharashtra Rent Control Act, irresepective of period.
Hon. Courts do not consider or accept unregistered documents of lease or leave & licence as evidences.
Good Luck,
Kishor Mehta
Suresh Babu Rai
(Querist) 08 December 2014
Thank you sir, herein Telangana state the registration of lease is an option but not mandatory, but my question is with respect of suit for eviction during the pendency of siut for injuction against me.
P. Venu
(Expert) 10 December 2014
If the city is covered under Rent Control Act, how is that the Notice is issued under the TP Act?
Suresh Babu Rai
(Querist) 10 December 2014
The lease of premise end after eleven months, so far it is not extended either orally or documentarily. Even after end of eleven months period, the tenant continued his possession and did not paid any thing.I have just put that word that notice shall be treated under sec. 106 of the act for precationarily. Is it affect to my proceedings sir, please guide me,
Guest
(Expert) 10 December 2014
Well advised Already.
Anirudh
(Expert) 10 December 2014
this good for nothing fellow does not have anything of his own, only piggy rides on other experts answers!
Suresh Babu Rai
(Querist) 10 December 2014
Anirudh I do not understand, what do you mean. If you do not understand thee quiry,go throuth the same for twice.
Any way thanks,because you are my colleague.
Anirudh
(Expert) 10 December 2014
That message of mine was meant for the fellow just above my post and not for you.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
@Author: There is no bar to file an eviction suit while an injunction suit is pending on the same schedule of property. What is transfer of property act doing with this?, do not quote wrong laws.
Suresh Babu Rai
(Querist) 12 December 2014
TK Sir! Good Morning!
I do agree with you sir, it was blunder mistake. But the fact is that, when I have tendered the legal notice, I have clearly and categorically mentioned that an agreement was reduced in to writing in the year 2011 itself for eleven months of tenancy and it was ended in the year 2012. The tenant is continuing till to date without extending the same either any manner. When the tenant has received legal notice (entire legal notice contains the agreement, tenancy and rent) he has filed a suit for injunction against me as if he has not reduced any agreement. He was just depended on the phone bills, electricity bills and letter of communications to his shop but any single receipt of rent. I was in dilemma that, the suit is in other court which is according to CPC and rent control act is d efferent, I cannot club the same for trail and the very courts are also different.
I am taking steps to file the suit for eviction against the tenant. Thanking you sir.
