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Sushil Kumar Bhatia (Advocate)     02 January 2009

Notice to quit

 landlord sent notice to quit u/s 106 T.P act to the tenant on his residential address in Jan.2007 which returned back with postal endorsement 'Not met 'whether suit can be filed for ejectment against tenant as per notice Jan,2007 or a fresh notice should be served .


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 6 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     03 January 2009

MR BHATIA,


What happend after Jan, 2007 ?


1) Whether Tenant Paid Monthly Rents Of the Premises to the Landlord REGULARLY;


2) If Rent of Premises Regularly paid by the Tenant, Whether, Landlord accepted the same by issuing receipts without any " Protest " ;


3) What is the Term Period of the " Tenancy" against the Leased Premises; 


4) If its " ELEVEN (11) MONTHS ", Two Term Period of Tenancy Completed, then as per me,  the Notice is now "INVALID", as after issuing of the notice, the LL accepted the "RENTS" from the Tenant, as well there is niether any "PROTEST" nor any Document/NOTICE of demand to "VACATE" the Leased Premises;


Therefore, as per me, the said Notice U/S. 106 of T. P. Act, Dated: Jan, 2007 is " INVALID" in the eyes/court of Law.  But it can be use in support for Cause of action to show the attitude of the Tenant.  

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 January 2009

I do agree with Mr. Aejaz Ahemad. He is absolutely right.

sanjeev murthy desai (Advocate)     03 January 2009

I am also agree with Mr. Aejaz Ahemad.


sanjeev desai

Sushil Kumar Bhatia (Advocate)     03 January 2009

The tenancy on monthly basis not for fixed term,the tenant neither paid rent inspite of notice  nor delivered possession to the landlord

Ravi Arora (Advocate)     03 January 2009

I M also agree with Mr. Aejaz sir

AEJAZ AHMED (Legal Consultant/Lawyer)     03 January 2009

 


MR BHATIA,


If the situation is that, the tenant neither paid rent inspite of notice  nor delivered possession to the landlord, then you are having full rights to :


1)  Initiate legal steps against the Tenant, to evict him from the premises, for his " Default in Payment of Monthly Rents ".


2)  What you did during this period of 2 Years (Jan, 2007 to till date), whether you demanded with the Tenant for Monthly Rents.


3) So, except the said notice, there is no document either for with the demand to vacate or to pay the rents, now at this moment,  you want to  initiate legal step against the Tenant.


4) What Procedure you followed in receiving the Monthly Rents, did you used to issue Receipts against the Monthly Rents.


4)  Its better for you to, immediatly file EVICTION CASE against the TENANT,  for his       " Default in Payment of Monthly Rents " without issuing a fresh notice .


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