Civil Procedure Code (CPC)

Rental recovery

This query is : Resolved 
 

Online (Querist)
19 June 2021

How does one file a suit for rental recovery,when there is no rental agreement


T. Kalaiselvan, Advocate Online (Expert)
19 June 2021

The landlord has to prove the landlord - tenant relationship by producing the rental receipts or the payment made by the tenant through bank transaction or any other valid evidence to prove that the tenant was residing in the rented premise at the time of filing the suit for eviction.

Advocate Bhartesh goyalOnline (Expert)
19 June 2021

Burden to prove that rental amount is due ,lies on plaintiff landlord.in absence of rental agreement or rent receipt ( counter receipt ) it's very difficult to prove .Landlord can prove this fact by submiting his and other witnesses affidavit .

J K AgrawalOnline (Expert)
20 June 2021

If you are able to prove that you are landlord and tenant is not paying rent then you can claim rent. It is in form of mense profit or consideration compensation amount. Any rent agreement not required but proof of landlord and tenant required.

shyam lalOnline (Querist)
20 June 2021

Attention expert JK AGARWAL,situation is I am the co sharer of undivided property as per WILL of our deceased father.hence can I call /considered my self as the landlord of my portion of share and charge /demand rent from my brother for useing my portion as I am not living in my share of property from the time of death. Of our father,awaiting your answers.

J K AgrawalOnline (Expert)
20 June 2021

Your brother maybe an unauthorized occupant of your portion but he is not tenant of you. Still you can give him notice to evict and demand mense profit in case of non eviction.

Advocate Bhartesh goyalOnline (Expert)
20 June 2021

Yes, since you have acquired ownership right of your portion by virtue of your father's will.it is immaterial that at the time of your father's death you were not residing there.Now. You have become owner of half portion by virtue of will so you can issue quit notice to your brother who is in Possession of your portion.and demand mene profits.

shyam lalOnline (Querist)
20 June 2021

Thank you experts,the catch is the portions of my brother & I are not demarcated by metes & bounds can I still claim mense profit?

Dr J C VashistaOnline (Expert)
22 June 2021

If the property is "undivided" both of you have to settle the profits in equal share.
However, if your brother do not want to share you will have to file a suit for rendition of accounts, recovery of arrears of rents and mesne profits.



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