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jason (student)     15 February 2010

sir help me

dear sir , i would be reall endetted to you for  helping my poor friend,  supose is a tenant , and he has rent receipts dated 1958, 59, so on  given in type writingis it valid for court evidence , and then in the year 1963 he is eployed  at the same place where he is staying , how ever there is no written contract,  only verbal, and the people who hired him for job r now saying it was service tenancy, and r showing the salary register for the years from 1991 upto 2001 as A retired in 2001 , and is continueing to stay in the same house, now can he be removed , saying he is service tenant , or will he be a contractual tenant,because he has the old rent receipts prior to his job in the same place.

this is all i have to ask

thank u , for all the help, as it is for a poor and needy  person , so please help with u r valuable  replies

jason



Learning

 13 Replies

jason (student)     15 February 2010

sir u can also mail me  at dcosta6@hotmail.com

aruntrivedi (lawyer)     15 February 2010

no, he get rights to purchaser even said premises at cost decided and valued by court, if he approaches court. Only under reason that he is having another premises in same city in his name and you are in need of premises for your use you can approach court with suit of House Rent and Possession i. e. HRP suit. You have to prove your needs and documentary evidences about tenant is having another hosue in same city/area/locality. As directed by Supreme Court and as decided by Courts in many cases Person in long time possession gives him right of ownership to purchase said premises.

1 Like

jason (student)     15 February 2010

first of all may god bless u sir for your prompt reply

thank u sir TRIVEDI, for taking time to answer to my query,

this place is a charitable trust, on lease hold land ,run by trustees, and the person who has given my friends dad the place on rent in the year 1957, has died,there was nothing in written only verbal contract, and they used to cut rent at rs.4 a month , inclusive of water and electricity, my friends dad has the rent receipts, they r not hand written , but in typewritten formatsir,and signed,in ink, by the superior,  then in the year 1963 , the said trust employed my friends dad, and no new work agreement was signed, regarding the premises, but they used to cut the rent and give the receipts as earlier..      in 1991 they built an extension to the existing structure,hence  they demolished my friends dads original premises ,as it was coming in the was of new structure, and gave him another house in the same compound and they increased the rent to  rs 9 p.m. inclusive of water and electricity, this time also a muncipal man came and told the trustees u'all r giving so much land to the goverment free of cost , and u cant give this dad a little place to stay who has  been with u'all from 57,on that they gave this new house in the same premises, but this time also on entry into the new house there was nothing in writing,  then in 1991 they started maintaining a salary register of the other employees , and added my friends dads name on it and this book shows the break up of salary, and house rent deducted at rs 91 ,which was gradually increesed to rs 150 p.m, they stopped issueing rent receipts,  and only maintained a salary register, and my friends dad had to sign on the register, this continued till 2001, as all the other employees did,  in the year 2001 my friends dad  celebrated his 60 th birthday, and then came a big shock , the trust told my friend s dad to vacate the premises, , saying that u have been given the house for the sake of you being with us as an employee a service tenant, and as u r service has come to and end, so has u r tenancy,   my friends dad went into shock and had a stroke, at this point i came to know about and thought what kind of charitable trust is this who does this to such a person, who is so good, gem of a person sir,

sir i am  sorry i have sent u such a big mail, but please bear with me sir , and i am thankful to u sir for replying to me at mail id    dcosta6@hotmail.com

thank u sir

jason

aruntrivedi (lawyer)     16 February 2010

if it is given as a staff quarter or by way of facilities by employer, employee on retirement has to vacate same because same is always given under agreement and specific conditions are there to vacate premises after leaving or retiring from job or services. Within one month one has to vacate premises and if as relief granted at the msot within 3 months one has to vacate premises. Look at example of our MPs/Ministers premises in New Delhi given to them they are being forcibly removed from premises and Director of Property, Property & Estate Department of Central Works Department take possession of premises. If it is your premises you have to sue chariable Trust to vacate under HRP suit and wait for result/decision from concerned Courets.

1 Like

jason (student)     16 February 2010

hello sir, thank you for u r prompt reply, sir there is no agreement at all,  the trust only has salary register from the year year 1991 till 2001, so sir  my friends dad has the rent receipts prior to his joining the job, issued by the trust , dating back to 1957, 58,59,60,61, and in the year 1963 he was given job, in the years 57 upto 63 he was working as a helper as electrician  for another company, and only to stay he used to come as this trust premises, my friends dad had many friends who also stayed  at this same trust  premises and worked outside , but they have long left the premises and have gone abroad,only my friends dad  stayed back.  at this moment my friends  dad  knows  the chatered accountant who used to work for this trust , he is now 83 years , and he has told me that if the need comes , he will come  to court and tell the fact that  he knew my friends dad and that rent receipts were issued in his  presence, that too prior to his joining service at the trust, will that help ,if this matter god forbid goes to court,  sir he also has a postal savings pass book dated 1961 , the round stamp seal  of the post office , we can clearly see the date 22-6-1961,date is clearly vissible, and the address is also of the trust premises, so will this not be enough evidence to prove that house has nothing to do with service,as he was already staying in the premises prior to his service, mainly because there is nothing in  written contract, 

thank you sir , once again , but i must say i really am getting a shock to read u r reply that you gave me as i dont know how to tell this poor man so once again sir just go through my this query and see what can be done , and help me with ur words of wisdom,

thanks sir

jason

jason (student)     16 February 2010

hello sir

just wanted to add one more thing, prior to 1991 they have no salary register ,they have been maintaining sasary register from the year 1991,,

thanks sir

for u r kind and time taking effort to help me help my friend , waiting for the reply

bye sir

 

jason

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 February 2010

A tenant always remains a tenant and landlord can get vacated such premises through rent petition on the basis of personal necessity but the reason given in the petition by landlord trust do not seem correct as you have old rent receipts and this has nothing to do with the employment of the father of your friend. Trust cannot prove this relation in the court.

1 Like

jason (student)     17 February 2010

hi sir if u have any cases of this kind and would like to send me the details i will be very pleased, as it will send a smile on my friends dads face, i will remove print copy and show him  t

thanks once again sir

bye

jason

jason (student)     17 February 2010

sir if u have come accross any cases  like this kind or u have a manual where caces r registered in books and u can tell me i will also search

thanks sir

jason

jason (student)     18 February 2010

hello sir , i wanted some example caces to support my friends dad case , so sir or anybody in the forum can help me out, please help, for new people on the forum, the history of the matter is in the previous posts, please help and old person, god will not forget u.

jason (student)     19 February 2010

hello seniors , please help me with relavent cases where a tenant has won the case

where  the concerned person is a tenant and then he is taken into service , and on his retirement he is told that he is service tenant and landlord trust try to kick tenant out, who is atenant originally and not a service tenant, as service tenant has no protection under MHRC ACT  MAHRASHTRA RENT CONTROL ACT OR BOMBAY RENT CONTROL ACT. SO sir i kindly beg all of u seniors to please help he with relavent cases where tenant has won or gets compensation,

thanks

jason

jason (student)     20 February 2010

hellow seniors please send me relevant cases in the matter of tenancy created prior to  service tenancy, hence it cannot be called a service tenancy please help out lerned friends  its for the sake of an old man , my freinds dad

thanks

jason

jason (student)     24 February 2010

guessthis forum does not have a heart


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