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Madhav (BSC)     07 April 2014

Peculiar problem with tenant

I have a peculiar problem with my tenant. My flat is in Noida and I live in Bilaspur where I was transferred..

 

There were few bachelor staying in my flat for last 3 yrs, Just before the expiry of last rent agreement they all decided to leave, except one that was getting married. So I negotiated .( I  started my negotiation of the rental value based on the feed back from friends  and arrived at a middle value )with him over phone and agreed that he will paint the house and repair and I will  reimburse the cost of repair and he had to bear the cost of painting. After  that we had a rent agreement. In first month he delayed the payment by 25 days( for various reason ) , he did not pay the advance till now. In next month he said  that he had found that  rent  that he is paying is  high in comparison to the prevailing rate and he had seen many better houses at same rate. To which I replied, That you are free to go any where if you think my rates are high  and you can get a good flat  and just follow the agreement and give one month notice. To which he replied that  I have  to decrease the rent  and do the painting and that he is not going to follow the rules of the agreement since I misguided him during negotiation that about m y rental value of flat and that I have given him a dirty flat( all these are recorded in email conversation ) and that I did not allow him to take up a good flat which he could have got at same rate. After that he is not picking up the phone for last  2 weeks. I also understand that he had got some high connection in UP administration from his father side. What Should I do  if a person is openly saying that he will not follow the agreement  based on a very very flimsy ground. and that I live in a far away place.



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 6 Replies

Madhav (BSC)     07 April 2014

For your information he had not incurred any expense as he not done painting and that all repair works are paid by me to him( every thing is recorded as communication happens  over email)he had also not paid the advance.

Sudhir Kumar, Advocate (Advocate)     07 April 2014

since he was already living in the house his argument or being misuided cannot be sold anywhere.

 

You have to come down to NOIDA.  You have to talk to your society RWA people.  The person appears to be keen to grab flat permanently.  You may not end up selling the flat to goons on throwaway price who will throw him out within one hour.

Madhav (BSC)     07 April 2014

Thanks for the response ; In case I need to go for legal option ( Just my preparation , rt now), Does email communication stand in the court of law.  

Vikas Jain (Advocate)     07 April 2014

Yes the Electric document holds the same dignity as,  in case presented in any other form.

Pl. refer the inserted  AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872

 

Admissibility of electronic records.

65B. (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2)
The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: —
(a)
the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b)
during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c)
throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d)
the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3)
Where over any period, the function of storing or processing information for thepurposes of any activities regularly carried on over that period as mentioned in clause (a) ofsub-section (2) was regularly performed by computers, whether—
(a)
by a combination of computers operating over that period; or
(b)
by different computers operating in succession over that period; or
(c)
by different combinations of computers operating in succession over that period; or
(d)
in any other manner involving the successive operation over that period, in
Good Luck.

Madhav (BSC)     07 April 2014

Thanks for all the help . Any idea about a good lawyer in Ghaziabad, I understand the Noida issue had be done by Ghz civil court.

T. Kalaiselvan, Advocate (Advocate)     08 April 2014

The email evidences in your possession will be of great value in case you file a suit against him for eviction, please issue him a lawyer's notice to vacate and if he is not complying, follow it by an eviction suit.


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