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parth   14 July 2024

Follow up question

THIS IS FOLLOW UP QUESTION AFTER READING RESPONSE OF Mr.Venu, I am seeking clarification on the following points. Background: I did not pay rent for three years after spending money to fill a large cavity in the rented premises. The landlord verbally informed me that I should have sought permission before carrying out repairs. He believes the cavity formation in a pucca (well-built) house is unusual and requested information to investigate the cause of the cavity. In response, I sent a legal notice claiming reimbursement for the repair costs and requesting him to undertake major repairs. The landlord dismissed the notice as baseless due to a lack of supporting documents. The house is located in Ahmedabad, and I have been residing there since 1978. I did not respond to the landlord's letter as advised by advocate,He assured me that looking to high fee of litigation and long time taken by courts for settlement of case,landlord will be forced to agree to my demands. but he has consequently terminated my tenancy. Here are my concerns: Legal Notice: My lawyer included some inaccurate demands in the legal notice sent to the landlord. When I expressed my apprehension, he advised me to wait and see, suggesting it would pressurise the landlord to compromise. However, when I showed the final notice from the landlord, he hasn't provided a convincing answer to my questions. Landlord's Inquiries: The landlord's questions focus on the alleged false statements made by my lawyer in the notice. This has caused me worry, prompting me to seek advice on this forum. I would appreciate guidance on the following: Tenancy Termination: What is the proper legal procedure for terminating a tenancy? Landlord Acting as Judge: Can you explain the expression "landlord is trying to be the judge in his own case"? I am reproducing your answer for ready reference. I am also enclosing response of landlord. P.S. I am 95 year old man,will court be sympathetic to me? Read more at: https://www.lawyersclubindia.com/forum/landlord-s-letter-234825.asp



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     14 July 2024

The landlord is right in pointing out your false allegations hence you should have been more cautious and taken steps to avoid unnecessary false allegations.

Given your age and experience your prudence would have made you to stop indulging in such activities.

Well what has been done cannot be undone now.

You have to think about moving forward with the situation.

The landlord might have issued a reply stating that he terminated the tenancy, you can refuse to accept it and file a suit for permanent injunction against him to restrain him from forcibly evicting you from the rented premises other than by due process of law.

When he is coming to the court, you can produce the documentary evidences in your support and fight your case properly.

You can choose a different and an experienced lawyer this time who will protect your interests also besides guiding you properly.

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