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S. CHANDRAKANTH (ENGINEER)     24 June 2009

lease

Please let me know whether details sent through email will be accepted in the court of law.  I have given rental advance of Rs.1,00,000/- by way of cash ( without any voucher/receipts) hoping that the owner will immediatly sign the agreement.  He dodged and demanded 20,000/- rupees more as advance.  This time i have given cheque in 4 insalments in a way that the first cheque commences from 3rd month from the time of my occupation of factory shed.  Now the land owner says that i have only paid Rs.20,000/- as rental advance and not Rs.1,00,000/-.  But during the initial time when i keep on insisted him to sign the agreement, he has sent me a mail which says that he has attached the draft of the agreement and in that he has clearly mentioned hat i have pais cash of Rs.1,00,00/- + cheque of Rs.20,000/- as advance.  Plerase let me know whether the email andcontents and attachements sent by him to me is valid in the court of law.

 

 



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 2 Replies

A V Vishal (Advocate)     24 June 2009

Dear Chandrakanth,

The email is said to contain a draft of the agreement, the lessor can repudiate the claim since it is only a draft, the burden to prove lies on you that you have paid Rs.1,00,000/-. Since there is no acknowledgement of the money by him in the email I opine that the email and its attachments can be of no help. However, since the complete facts are unknown to me I cannot go beyond this. I suggest you approach a good lawyer and show all the docs you hold, maybe he can be of help to you.

S. CHANDRAKANTH (ENGINEER)     24 June 2009

Dear Sir,

Thank you for your suggestion/reply.  In fact, the lessor has mentioned clearly in the draft that he has received Rs.1,00,000/- by cash and Rs.20,000/- by cheque as advance.  However, he has not honoured his committment of signing the agreement , wilfully.  When the draft contains the details of payment received by cash and payment received by cheque,will it not be a "proof" of payment received by him and when the mail and its attachements sent from his mail id ( of course, from his computer also)

Please suggest, sir.


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