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Pradeep   22 May 2016

Rent receipts forged

I was evcited under section 24 of maharashtra rent control Act (MRCA) from a premises whichI had taken on leave and license agreement, following a suit which lasted 4 years. My land lord gave me rent receipts during first two years of tencancy but stopped giving after that time , inspite of my requests to issue the same. Now after one year after my eviction, I put him to legal notice under section 30 of MRCA that he was guilty of a cognisable offence as envsiaged in section 53 of MRCA and he must provide me all the receipts. The counsel of the land lord replied that the receipts were not given as all the payments were through check( It is correct factually). However he sent all the receipts of all the months of whole span of my tenancy. He even sent receipts for those months also for which he had already issued receipts earlier as mentioned above . The two sets of receipts are at variance with each other and the second set or receipts is clearly ingenuine. There are slovenly mistakes in other receipts also, clearly indicating that the receipts have been generated by computer in one sitting with scant regard to account book. These unstamped receipts bearing scrawling signature of a clerk who has purportedly signed on behalf of land lord. The details and contents are grossly  erroneous and contrived. I am planning to file a suit under section 53 of MRCA and section 463,464, 467 adn 471 of IPC for forgigng the rent receipts. What is opinion of experts? As for limitation the last payment made by me was 11 months back by check of course . The fresh cause of action arose when he replied to notice and confessed that he had not issued receipts as the payments were made in check , and at same time in order to mitigate culpability fooled  me  by sending  cooked up rent receipts.



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 8 Replies

adv.bharat @ PUNE (Lawyer)     22 May 2016

consult local lawyer for further help.

Thanks

1 Like

Kumar Doab (FIN)     22 May 2016

Your lawyer can advise you further.

1 Like

P. Venu (Advocate)     22 May 2016

You have already vacated the premises. And the action is completed. It is not worthwhile to rake up incidental issues.

1 Like

Pradeep   22 May 2016

Thanx Adv P Venu. My only idea is to bring him to book.  Afterall he has done a wrong .Isnt it worthwhile to teach him a lesson . Isn't it a duty of every citizen to bring into light the unruly conduct of wrongdoers? There is undeniable hardcore documentary evidence to support my allegation. Shouldnt it be brought to attention of law when it has been violated by someone. Any possible harm?

Kumar Doab (FIN)     22 May 2016

You have posted that:

 

"Isn't it a duty of every citizen to bring into light the unruly conduct of wrongdoers? "

 

Yes it is.

Engage a very able counsel

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 May 2016

The rental receipts issued now are gross violation of the rules in this regard.

The erroneous contents in the receipts shows his irresponsibility. 

This is a clear indication that he is liable for the fraudulently obtained decree in his favor, though you have not preferred an appeal to it.

However you can proceed with a proposed action in the manner it is to  be initiated.

Take the advise of a skilled lawyer in the local if your present lawyer is not cooperating properly and proceed accordingly

1 Like

Pradeep   27 May 2016

Thanx sir for emboldening comment. I was not interested in obtaining decree against eviction. I have vacated at my convenience, the eviction decree only coincided with my  timing of shifting to a premsies of my own. 

T. Kalaiselvan, Advocate (Advocate)     28 May 2016

Just because you have vacated and the also the judgement was also against you, the landlord cannot be spared for his mental tortures as well his arrogant attitude towards you during the tenure of your tenancy in his property. The erroneous contents of the fake rental receipts which was prepared in a haste to cover his fraudulent claims, may be brought to limelight while you propose to initiate legal action agaisnt him and this may support your cause in the court.

1 Like

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