Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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U.P. Control Act

(Querist) 03 May 2011 This query is : Resolved 
I am the only child of my parents. My mother was gifted a property by her mother in law i.e. grandmother by virtue of registered gift deed. That as an eldest member of the family rent was being accepted by my grand mother. My grandmother was died in 1996.Thereafter the rent was being accepted by my father for few years being as eldest member of the family, and receipts used to be given either by my sign or by my fathers, but due to some unavoidable habits of my father, my mother has appointed me her attorney to collect the rent by virtue of registered power of attorney. Thereafter demand notice was sent to the tenants to pay the rent giving the details of attorney. But the rent was sent through the money order in the name of my father and my father had refused to receive the rent. An application was moved before the court of law under section 30(1) of the said act by the tenants. My father stated in his written statement that he was no more land lord and had no objection if the rent was paid to my only son. The matter has been disposed off in LOK ADALAT with the direction since no title has been shown and tenants can deposit rent on their risk.
In protest of aforesaid judgment, review application has been filed. In the mean time my father was suffering from lung Cancer subsequently died on 6 Jan 2011 due to long illness review application under section 30(1) have been dismissed in default.

It is pertinent to mention here that I am unemployed and have become over aged and my mother has filed suit for eviction under section 21(1) of the said act in the year 2005 which is still pending in the court.

Now my queries are as follows:

1) Whether the court is empowered to test the ownership under section 30(1)?
2) Whether my mother should serve a fresh demand notice to the tenants giving all details for making the payment of rent.?
3) What I should do for taking the rent which was deposited in the court in favour of my father under section30(1)?
Kindly help me on this forum.
Raj Kumar Makkad (Expert) 04 May 2011
1. it is not mandatory for court to decide title of property rather relationship of landlord and tenant are must to be established.

2. Yes. She can giving the details of events like death of your father.

3. You should apply to refund the deposited amount to you and your mother being legal heirs of your deceased father.

You have a very gud case. Your mother is now owner of the property and you are landlord so get eviction from tenant and meanwhile you get refund of already deposit rent as well as charge future rent as per rules.

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