The brief facts of my case are as under
(Queries are listed in the end)
1. I had rented out my premises through Registered Lease Deed with a Lock In Period of 2 years where if the tenant vacates the premises in the lock in period , he shall still be required to pay the entire rent for the 2 year period upfront
2. Post dated cheques for the entire 2 year period were given by the tenant and the details o the same are mentioned in the registered deed
3. The tenant gave a notice for handing over the premises in Sept 2012 under Section 106 & 111(H) of the Transfer of Property Act in which he talked about the said registered lease deed and directed me to be available for taking possession of the said premises on 21st Sept 2012. In his notice the tenant also instructed me not to encash the cheques of the Lock In Period as he is making stop payment of the same.
4. Besides the above, in his notice he also made some absurd contentions notably amongst which was, that he was only an ostensible tenant and the real tenant was his Father.
5. I acknowledged his Notice and informed him that I will be available to take possession on the date & time desired by him (and accordingly I took the possession) but I did not make any comment on his other absurd contentions
6. After taking the possession of the premises sent him a detailed revert and refuted all his absurd and incorrect statements and also made him known that I was not under any legal binding to follow his instructions not to encash the cheques held by me
7. Since the premises was badly damaged I filed a case in the Rent Tribunal for recovery of the amounts (after adjusting for the Security Deposit) that were spent by me in restoring the premises in the original condition.
8. I also presented the cheques for collection of the rent for the lock in period which as was expected bounced and I proceeded against him under the Negotiable Instruments Act
My queries are(Pl reply with the relevant law/case laws)
(i) Why has the tenant given me notice under Section 106 of the TPA when there is a clear registered & written rent deed (Section 106 of the TPA deals with. Duration of certain leases in absence of written contract or local usage)
(ii) Am I right in presenting his cheques to recover the rent for the lock in period? Or am I under obligation to follow his instructions of not presenting the cheques.
(iii) During the lock in Period for which I am claiming the rent, what happens if I rent out the same premises to some other tenant? That is will I loose my right to claim the rent for the Lock in period of the premises if I rent it out to some other party during the lock in period?
(iv)Is a person necessarily required to GIVE a LEGAL NOTICE before filing a civil case against a person?
(v) What is the effect of filing a civil case against a person without giving a LEGAL NOTICE before filing the case?
(vi) Is a person necessarily required to reply to a civil notice which contains absurd and false contentions and claims of monies?
(vii) What is the effect of not replying to a notice which makes false & frivolous claims and statements in case the person giving the notice files a suit?
(ix) Can a person straightaway file a case against such a person (i.e the person who gave such a notice) without replying to his notice?
Ashok Kumar
ashokkumar@calibreplacements.com
