Tenant continuation / eviction issue.

 

Online (Querist)
28 February 2021

Good day.
My brother has a tenant. His agreement expires today. i.e. 28/02/2021.
He has not paid rent from last more than one year. Plus some money he borrowed from us. ( By Cheque).
Notice to him to evict was already send last month.

Now, Inspite of evicting, he has filed a case in Delhi court:-
1. Asking us not to ask him to evict.
2. Plus in a paragraph, he falsely blamed us that we entered inside his shop and create chaos.
3. He accepts in his petition that he has paid the rent till 2019 and
4. also accept that he borrowed money from us.

Court has issued notice to us.

Now, My question is:-
1. Instead of filing a new eviction / recovery suit, can we ask for relief in the case filed by him?
Can we simply say in court that, " We are ready on his 'PRAYER only' but let him clear the due and further Rent, Which he himself mention in his case.

POSSIBLE ?




Guest (Expert)
28 February 2021

Such an Tenant would be an Issue and Problem to you always. Better request your Advocate to proceed with the Eviction Suit and Recovery of Rent Dues and the Loan given

Advocate Bhartesh goyalOnline (Expert)
28 February 2021

( 1 ) No, you have to file separate suit for eviction and recovery of due rent.
( 2 ) Don't admit any fact mentioned in tenant's suit it will adversely effect on your case.

Dr J C VashistaOnline (Expert)
07 March 2021

Where is the demised property located ?
Whether the rented property is covered under State Rent Control Act or Transfer of Property Act is applicable qua tenancy ?
Why did the landlord allow such a tenant who is not paying rent for last more than a year ?
Why the tenant is not decalred a tresspasser ?
File eviction petition as per law applicable.

ZeeshanOnline (Querist)
07 March 2021

Good evening Mr. Vashist

Where is the demised property located ?
DELHI

Whether the rented property is covered under State Rent Control Act or Transfer of Property Act is applicable qua tenancy ?
Rent 10k plus. Hence 'Transfer of property act. as per my knowledge

Why did the landlord allow such a tenant who is not paying rent for last more than a year ?
Due to Corona.

Why the tenant is not decalred a tresspasser ?
How ? I don't know about this.

File eviction petition as per law applicable.

Tanks



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