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ARVIND KUMAR (LAWYER)     01 July 2008

Rent Control

A person living in the property of the land lord since 1965. At that time he was given some portion of that property for running business (motor workshop- to repair the tyer and tube of motor vehicle). Father of landlord had executed family settlement between his children in his life time, and father died. Thereafter after marriage landlord settled in another state, time to time she use to come and lookafter her property. In the year 1985 said tenant has altered the nature of property in his use, then landlord had made offer to evict the property from tenant, but due to mutual consent rent of the said accomodation raised from 100/- to 500/- and tenant continued in the said property. One thing more tenant always paid the rent to mother of landlord, who locally residing. Now Since March 2007 tenant stopped to pay the rent. Unfortunately in this case no any tenancy agreement executed, niether and receipt of rent has ever been given to the tenant. The rent enhanced mutually which not on record. I am searching remedy available to the landlord in the reepect to the eviction of the tenant.



Learning

 7 Replies

GOPI KRISHNA (ADVOCATE)     01 July 2008

you may issued legal notice calling the tenant to vacant the rented premises and also state that as tenant you have paid the rent of Rs .. with regular enhancement and the last paid rent, if the tenant admits the tenancy, that is binding on the tenant and you can proceed with the eviction proceedings

ARVIND KUMAR (LAWYER)     02 July 2008

Right sir, but in case he refused his tenancy capacity and claiming for adverse possession before court. Then what should be. The reason behind this he is not my tenant on record, but phisically he is my tenant it is prooved from the record of Nagar Nigam, where he is present under manupulation as "Malwa Owner". When it came in the knowledge o landlord, approached to the oficer of the Nagar Nigam and got success to remove the tenant name from the Nagar Nigam Panch Shala record. But there is one thing by manupulation the tenant deposited House Tax, Severage Tax, Water Tax in his name or the same premises since last three years, he also connected with electricity in his name with out the consent of landlord. Since when he has stopped to pay the rent, the landlord enquired every where and found all these above things.


I am thinking about dispossession of unauthorized person by way of proper suit in civil court ? or


Declaration of  Vacancy?


but there is gross problem due to insufficiency of evidence regarding tenant's status. Since 1965 it has lapsed about 43 years.


 

G.Giridharan (Advocate)     04 July 2008

My Greeting To You.


You may issue a notice regarding that you are in possession of the property and file a sut on the very next day that you are in possession of the property against the tenant. Before that you must ask you client to remove the name of the tenant from local records and you must create records that you are in possession of the property, and then only you can file the suit. you should give a nice in a proper manner that the notice is an important document in your cases future.

K.C.Suresh (Advocate)     04 July 2008

It 's a good case to your party. As Mr. Gopi Krishna opined you can issue legal notice for eviction by choosing the grounds favourable to you.

Kumar Arvind (The Law Consulting)     16 July 2008

interesting case for my knowledge


Thanks everyone participants


Kumar Arvind


LLB II nd yr

ARVIND KUMAR (LAWYER)     19 July 2008

Sir,


Tenant's name has been remo9ved from the record of Nagar Nigam. but my problem is this that under what section suit lie.  Land lord is living out of state, factually he has no bonafide need. I am thinking over the arrears, alteration, change the user under Section 20 of the U.P. Rent Control Act. but there is problem How can I prove tenancy, reason is that I have never issue and rent receipt, neither any tenancy deed was prepared at the time of starting of tenancy. I have nothing back from on record. There is no agreement between the tenant and landlord. Every thing is in vein only. Now tenant is enjoying him self with landlord's property. Whether vacancy proceedure can be adopted against the Unauthorise person before sending legal notice for eviction.

K.C.Suresh (Advocate)     20 July 2008

As Advocate you have to antimortam the facts of the case in hairline detailes. If there is nothing in your parties favour that is not Advocates job to create such for the client. In Rent control cases a deed is always favourable to tenent and land load. Here it is not. Not necesary to have one. Prove from other evidence (Oral). Rent must be paid properly and regularly. For that Tenent must obtain the receipt. If there is no receipt a posssible claim of non-payment of rent may arise in favour of LL. The benfit is to the LL. Dear Arvind you can prove tenency through oral evidence, deed is not required, tenent is at the burden to prove payment of rent. The presence of your client is not mandatory. Sections etc you will get from the text.


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