Anamika Verulkar 14 November 2016

Tenancy relinquished & bonafide requirement of landlord

Dear All,

Hi. We stay in a flat of a building owned by a Co-op Bank; from the time of my grandparents ie almost more that 75 years. The same is governed under Pagadi system. Due to medical reasons,in 2010, my father voluntarily wrote a letter to the Bank ie the Landlord that he was ready to vacate the premises and relinquish his tenancy rights over it for due consideration from the Bank. The Bank replied saying that since,at the time of renting the flat, no amount was taken, the Bank is not liable to pay the consideration amount. But insisted that the premises be evicted; then saying that they have a bonafide requirement. Somewhere in 2011, they filed a suit for eviction against my father; which is pending disposal.

My father suffered a paralytic stroke and expired in 2012. Today my mother, a senior citizen stays there. We do not have any alternate accomodation.

My prime question is that the Bank claims to have a bonafide requirement only after my father showed interedt to surrender his rights.. Since it was an offer, the Bank could have easily rejected it. Instead they have filed a suit.

Their pleadings are that since the Bank is working on the ground floor, our premise (3rd flr) would be given to a bank manager who shall take care of the lockers and the banking transaction.. Isnt this utter rubbish ? It is not a bank quarter. Then even the other tenants need to be evicted.. Right ?? Can this be termed as a bonafide requirement ??

Also that without any proof, they state that we already have an alternate accomodation and only because of that my father wrote such a letter. This is sheer playing of words.. The building being an old construction, we do not have a lift; there are almost 76 steps to reach our house. And since he underwent a valve replacement operation in 2010, he found it difficult to climb so many steps and so he wrote a letter. It was just a proposal, bank could have rejected. Can it now file a suit for eviction on the ground of bonafide requirement ?

Secondly, it was my father who approached the bank and now he is no more, my mother who is very much staying there is in tension of this eviction. Just like in criminal court, once the accused dies, he is abated from the complaint and none of his family members suffer, cant the same hapen in case of a civil suit ?

Please advice. The matter is for conducting of cross; the Bank has filed its evidence.

Anamika

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7 Replies

Anamika Verulkar 14 November 2016

One more thing,

The rent is being regularly cut from our account with the Bank and rent receipts are also issued (in the name of my father )

Doesnt that amount to deemed tenancy in favour of my mother ?? As the rent is being regularly paid to the Bank.

Request you all to kindly advice on law and if judgments favoring the same are cited, would be highly obliged.

Thanx & Regards,

Anamika.

(Guest)

First, you need to contest bonafide requirement of Bank in Court , at same time see to it that they don't get any evidence that you or those staying in suit tenement possess any other immovable property in any capacity anywhere in town .

Second thing , which is most imp. thing what your father has given in writing they will try to construct against you. Since paralysis takes place generally due to injury to the brain as blood supply to brain get blocked , you should also present his BP , Diabetes was high and whatever he stated in writing was not in his balance mind but in the aggitated mind of his sick health. All BP and diabetes patient are indeed agitated and disturbed and this is a universal truth . By chance if you possess medical file of your father showing he had paralysis or he was taking BP or diabetes medicine will be helpful in my opinion stating whatever he has written in letter was not in balance mind , since while writing his BP and diabetes was not stable and he was highly aggitated .

When was eviction suit filled whether you submitted Written statement when you received the summons ? This question I am asking so I can understand what stage the suit is at present

adv.bharat @ PUNE (Lawyer) 14 November 2016

Author need to answer the question raised by MADHU?

Anamika Verulkar 17 November 2016

Dear Ms Madhu,

I have already mentioned that the Bank has filed their evidence and the matter now stands posted for conducting cross.

We have filed our written statement , however we have not denied that the letter was sent by my Dad but have emphasised the reasons behind sending such a letter.

Anamika Verulkar 17 November 2016

On what grounds can Bank evict us ??

Only based on a letter ? The author of whom is no longer alive and for which my Mom will be homeless !!!!!

Cant the judge be rational and understand the case ??? Is this justice ?

Not to mention, but this advice to write a letter was given by an Advocate friend to my Dad.

(Guest)

Too many cooks spoil the food

I prefer to maintain the silence in this regards in the interest of the case.

Only thing if you don't have any other immovable property in any other capacity and you may become homeless then you will win , this I can assure you.

Anamika Verulkar 17 November 2016

Well thanks, but in this forum I would rather be keen to know views of the experts practising in varied filelds everyday who have a practical exposure to such things.

So I do not agree that too many cooks will spoil it..