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Deepak Goswami (Trustee)     18 March 2011

Landlord (Trust) & Tenant Eviction Issue, No Agreement

Hello,

Our Trust (Private Family )  has a property in Chennai, and we have about 10 Tenants, with whom we have no problem, except this particular person. This person runs a flour mill and he has been paying a meagre rent of Rs.500/- for about 250 Sq Ft of Shop. This tenant's father was a tenant from the last 40 plus years. And the tenancy (Receipt) was changed to his son upon the death of his father. This tenant is the oldest tenant in the said property,  and there is no written rental or lease agreement with either him or his father. We have been repeatedly telling him to enhance the rent from Rs.500/- to Rs.2000/- for almost a decade. But he was always evasive. When we refused to accept rent from him, he started sending the rent through money order since 2003. We were issuing receipt with "Without prejudice & Under Protest" written upon it till Nov 2009. After that we refused to accept the money order also. For the last 4-5 Months, we have been receiving the money order from the tenant's wife's name, which also we have been refusing accept. We have come to know through outside sources that the tenant is dead more than 6-8 months back and his wife is running the business of flour mill. The wife of the tenant has not even informed us about the death of her husband (Tenant). Kindly advise as to what is to be done either to evict him or get the rent enhanced on par with the other tenants.

Regards.
Deepak Goswami



Learning

 1 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 March 2011

Law is in favor of tenant. You have to give reciept and change it in the new name othwise court will order it to do so.

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