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Bobby Mani T (Lawyer)     02 July 2010

Tenant delaying case indefinitly

A tenat is draging the legal process for the last thirty years.

At first he denied the title of the landlord and the rent control court directed the landlord to file civil suit appellate court also took the same stand (!979 too 1992)

the civil suit was in favour of the landlord but refused to give decree on the ground that the will was not probated but the appellate court found that probating the will is not necessary but the court has to order eviction on any of the grounds provided under the rent control Act. The landlord went in appeal to the High Court whihc took a similar view and remanded the case back to the trial court. The tenant is delaying the case there by giveing a commission application and bribing the commissioner advocate not to file the report in time, the case is getting delayed indefinitly.  The landlord who filed the petition when he was aged 40 is now aged 70 he is not getting any remedy.

Here justice delayed is justice denied.  Is it not.  Is this not failure of our legal system ?



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 July 2010

Somthing wrong is happened with the land lord.  Case is not conducted properly.

N.K.Assumi (Advocate)     02 July 2010

If this goes on perhaps the landlord will get justice from his graveyard, as pointed out by Adv.Rajeev, something is seriously wrong with the proceedings. Just dig out those irregularity in the proceedings and come to a logical conclusions of the case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 July 2010

All the syestem is in favour of tanents and not landlords.Since tanents in plenty and landlords are few. Majority votes and keeps politicians in power and hence laws and enforcements systems are for them.

I have given details of a case of USA elsewhere of 1855 OF  a landlord John A Sutter who was at that time awarded FIFTY MILLION DOLLORS by the courts.Till 1880 he was knocking the door of every official every politician but no body helped him. Tanents burnt courts , tied the judge and tried to lynch who gave judgment The  house of this landlord was exploded by dynamite , his sons killed.The landlord on whose property at CALFORNIA from 1848 to 1855 thousands of people earned money in hips constructed houses , utitlities and he died pennyless shoeless on the streets of WASHINGTON seeking justice from lawmakers.

N.K.Assumi (Advocate)     02 July 2010

Thank you very much Shashikumar for the citation.

Bobby Mani T (Lawyer)     03 July 2010

with great respect to adv. Rajeev and adv. Assumi, there is no great mistake in conduct of case.

The rent control law in kerala is in such a way that when a tenant denies the title of the landlord, the landlord has to proove his title along with the ground of eviction.  The first trial court heard both the aspects but ordered only on the ground of title.  The appelate court remanded the case for fresh trial on the ground of eviction.  When the case was remanded the tenant filed a pettiion to re open the matter of title.  The lanlord had to go the High court for an order that only the ground under rent control act is to be probed.  Now the tenant filed a comission application and the commissioner applies for a surveyer to determine the questions.  (The commisioner may be influenced by the tenant).  Hence please do not jumb into conclusion that there must be some thing wrong is done by the landlord.  Here the tenant is very cleaver in utitlising the loop holes of law

Siddhi Agarwal (Owner)     04 July 2010

Most land lords are crooked  and they form trusts etc. to get the income tax benefits but do not maintain the buildings inspite of having collected hefty Pagdi at market rates at the time of giving premises on rent. Govt. is very correct in protecting the interest of such tenants as they took premises on pagdi as it was the most prevelent way of collecting cash. Why the land lords should not offer premises of same size in redevelped buildings to such tenents but it is not happening due to rampant corruption in BMC or govt. dept. So pl. do not paint land lords as holy cows as they are the most crooked lot.

Bobby Mani T (Lawyer)     13 July 2010

If Siddhi say that landlords are crooked, why are you silent about the greediness of tenants who are not paying the rightfull due to the landlords, the name landlord it self is a misnomer.  they are just building owners, The only guilt they have done is they built houses or shops and let it out to some one on need.  The Pagdi system emerged out of the Rent Control Laws.  People are ready to pay pagdi because they feel that once you enter a building on rent by paying pagdi or not you need not vacate it, the tenant thinks that he get the ownership or near ownership by taking building on rent.  If tenancy laws are such that it balance both the interest of building owners and tenats the pagdi system will vanish as new buildings prop up. and building industry will prosper.  you may refer www.reboker.com for more details

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