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Parveen Kr. Aggarwal (Advocate)     12 February 2010

Sub-letting

A landlord filed eviction petition alleging sub-letting of shop by respondent No. 1 to respondent No. 2. The respondent No. 1 serving in Government department on other stations for the last 20 years. Actually, the respondent No. 1 left the shop after joining govt. job. The landlord then let out the shop to the respondent No. 2 without any rent note/receipt etc. Even some criminal litigation (Copyright Right) ensued seven eight years ago against the respondent No. 2 at the address of the shop.

Please provide some judgments in favour of the respondent No. 2.

 



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 7 Replies

Anil Agrawal (Retired)     12 February 2010

 Do you want us to believe that the second respondent has been in possession of the shop without paying any rent for the last 20 years to the landlord who has not collected any rent either from the 1st or 2nd respondent.

It can't be so. The facts are hazy and leads one to disbelieve them.

Parveen Kr. Aggarwal (Advocate)     14 February 2010

Anil Aggarwal Sir,

The respondent No. 2 has been regularly paying rent to the landlord every month but the landlord never issued any receipt to the respondent No. 2.

Anil Agrawal (Retired)     14 February 2010

 What are the grounds written in the notice?

Anil Agrawal (Retired)     14 February 2010

 It cannot go on for years - paying rent and not asking for receipt. If it was a private arrangement and there is no written agreement/proof, what do you want to prove?

Parveen Kr. Aggarwal (Advocate)     14 February 2010

There is a practice widely prevalent that the landlord does not pay receipt on receiving rent and this fact is evident from perusal of thousands of eviction cases pending the courts of Rent Controllers. Still the tenants successfully prove that they were tenants and making payments of rent and for this purpose documents such as electricity connections in the name of tenants, telephone connection, receipt of registered letters at the address by tenant and such other documents not only prove possession of tenants but the Courts have repeatedly held that a landlord will not keep quiet for such long periods if the tenant does not pay rent.

I want help of all of you in just getting Judgments favourable in such situation for the respondent No. 2.

Parveen Kr. Aggarwal (Advocate)     14 February 2010

I want to prove the fact that actually the respondent No. 2 is a direct tenant under the landlord and not a sub-tenant of respondent No. 1.

rajesh saharan (ADVOCATE)     27 February 2010

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