Gaurav 13 October 2021

A tenant in distress

Hi
I have been residing in a DDA flat in Delhifor over 10 years.
Me and the landlady entered into Unregistered Rent Agreement for 2 years in 2011.
The agreed rate of rent was 18000 per month.
After expiry of the period, we did another unregistered rent agreement again at 22000 per month for the next 2 years I.e. till 2015.
Since the expiry of that period, no agreement executed. A verbal agreement only.
In the meantime, the flat detiorated due to Zero maintenance.
The landlord excused but orally brought the rent down to 19000 per month in 2017. And I started paying.

Now, she files an eviction suit.
Based on an non existent rent agreement for the past 2 years.
It is unregistered.
I have never signed.
The rents mostly have been deposited as cash in the bank account of the husband of the landlady continuously since 2011. All cash deposit receipts are available. Cash deposit have been majorly in varying amounts between 5000 and 50000.

1. Claims rent for last 2 years
2. The amount is 25000 per month as per the suit.
3. Claims that I have taken possession only 2 years ago instead of the reality of 10 years.
4. Though I was supposed to pay at 18000, the demand as per a fictitious agreement is 25000 per month.
Please advice.
I am ready to vacate but this exhorting inname of fictional rent agreement.

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5 Replies

Aakash Sehrawat 13 October 2021

the plaintiff/landlord in the suit can get only the last admitted rent from the defendant/tenant as per various judgments.
Aakash Sehrawat, advocate
advaakashsehrawat@gmail.com

1 Like

Tousif Shaikh 13 October 2021

As per tenancy law, you need to pay as per only last mutually sign agreement record, neither Landlady nor you have any proof to show legally that you are residing there. So Landlady has the legal right and can ask you to vacate any time as there is no renew of agreement. Your worry is she is demanding higher amount than agreed upon, but she can demand 1 lakh Or 2 lakhs, that's illegal if she can't show proof of that, court and law is based on factual evidence and the evidence is 2 years old agreement paper, Landlady cannot demand higher amount than mutually sign agreement, you can also say that since the building got deteriorated the monthly rent has been decreased to 15,000 and you were paying the Same. Analyze deeply all your evidence and then answer or respond to her notice. Hope u might understand this lengthy explaination

Gaurav 13 October 2021

Thank you. It offers deep insight. But how to fight this absurd rent and this fake unregistered rent agreement

Aakash Sehrawat 14 October 2021

You will have to show through the calculations/proofs what the last admitted rent was and whether you have paid the rent for the last two years or not.

sribhusan sukla (Free Legal Consultations) 14 October 2021

Law expects that the litigant must come to court in clean hands. He has supressed the material facts of your occupation since last 10 years and guilty of fraud. Suit is liable for rejection due to want of cause of action which is a bundle of facts which need be proved for plaintiff to win the case. Better you file a petition under O7 R 11 relying your first rent agreement signed 10 years back, he will automatically come for amendment of plaint to save the suit from rejection. After looking at his amendment petition, you may give written statement later. For the presentit is my view that the Or7 R 11 petition need be filed. Any fictitious claim of excess rental relying on any manufactured rent agreement can be easily rebutted. Nothing to worry at the movement. Consult any good local lawyer and take his view on above advice.