Suit for eviction from property
Sumit Rajput (IN)
(Querist) 28 August 2021
This query is : Open
A person allows a poor lady to stay in his property on the understanding that she will take care of the property and pay the electricity bills as and when required. He also transfer some money to her bank account for the construction of one room in the property. Now after 10 years he tell her to vacate the property but the lady first files a false complaint the local police station and then withdraws the same. Then she files a case in the court stating that she is tenant and there was a verbal agreement with owner for a rent on INR 1000 per month and she is a scheduled cast and should be allowed to stay in the property.
She pleads that she is regularly paying rent by cash and but has no receipt of payment, no rent agreement however she has receipts of payment of electricity bills. The owner of land is a 70 years old man. Now what remedy does he has with him.
kavksatyanarayana
(Expert) 28 August 2021
What is the opinion of the lawyer from the old man? If not engaged a lawyer, consult immediately.
Dr J C Vashista
(Expert) 29 August 2021
You have messed the facts wherein filing a false complaint and withdrawn is irrelevant to the property licenced to poor lady.
She is stated to have filed a case of tenancy on oral agreement @ Rs. 1,000/- per month without any receipts, implies she can not prove to be a tenant.
Even if she may be taken as tenant (which is otherwise not admitted) her tenancy has been terminated, being a trespasser she has made liable to pay mesne profits/ damages.
The landlord has to issue a legal notice for handing over vacant possession within 15 days failing which she is declared a trespasser. If she do not take action as demanded in the notice move to appropriate court for eviction and damages.
It would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts and circumstances, professional advise and necessary proceeding.
Advocate Bhartesh goyal
(Expert) 29 August 2021
I completely agree with the views expressed by Dr.J.P.Vashista sahib.
Pradipta Nath
(Expert) 29 August 2021
What type of suit she filed in the Civil Court? Injunction or Title? Aside please do as suggested by Dr. Vashista Sir.
P. Venu
(Expert) 29 August 2021
Moreover, what is the cause of action for her file the case? What are the reliefs sought?
Sumit Rajput (IN)
(Querist) 30 August 2021
Thanks all for your support and help. for query from Pradipta she has filed a suit for injection on his vacation of property she has admitted in her plaint that the old man is the owner
Sumit Rajput (IN)
(Querist) 31 August 2021
Can this old man claim any remedy under Senior Citizen Act. Though he has his own house to live
