12 years rend not paid by tenant
Ayan
(Querist) 31 July 2017
This query is : Resolved
Commercial Shop
1)A tenant & land lord agreement in 2005 , September , for 12 month , till August ,2006.
2)Tenant paid rent of September,2005 .Rent receipt issued.
3)Being political leader and influential person , tenant neither pay further
and occupied another room and used as godown.Land lord being old man (80) asked several time verbally but tenant ignored.
4)Suddenly in July,2009 as money order of rent payment came from tenant
for
1)April-2009
2)May-2009
3)June-2009
As the tenant agreement was over , land lord refused to accept .
5)Then after, tenant never paid rent or deposited to rent control for last 9 years.
6)Land Lord with assistance of District Legal authority file suit for eviction in 2017.
7)Now, Tenant submitted petition to pay arrears rent to the court and mentioned he will pay now after regularly to court , blaming that tenant has refused the rent.
My question is that
1)As there is more than 13 years payment is pending , will it be easy to evict tenant ?
2)Can we claim , that no arrears will be allow by court , only eviction is the
remedy ?
3)As the shop keeper has constructed a lot portion without consent of landlord,
can we claim that , until the illegal portion be inspected by the court , no
arrears could be accepted ?
4)With help of municipal councilor and tenant is dare to do such offense.
Can we make local municipality as a party ?
Guest
(Expert) 31 July 2017
Such Councilors are only interested in such activities where they could make some easy money than concentrating on the services to the community for which they had been selected/elected.Better meet a good senior civil side advocate in your concerned high court ( even if the case is to be filed in civil court) discuss with him in detail submitting all the evidences you have and seek his guidance perfectly and proceed.Just going to court will not fetch a good result and better seek the guidance of the High Court Senior advocate and appoint the advocate recommended by him if he is not ready to attend the civil court.Your petition should speak legally strong in all aspects.Meet the Senior of your High Court giving him sufficient time for drafting.
Advocate Suneel Moudgil
(Expert) 31 July 2017
as you filed case through DLSA it is presumed you are not able to make payment for your case even at district court level.
there are a lot of senior, well reputed, expert lawyers in district court too and in Legal Services Authority also. with due respect to narasimha ji, i don't think you need to consult high court senior lawyer.
Advocate Suneel Moudgil
(Expert) 31 July 2017
you can consult reputed local civil lawyer along with relevant documents and can get second opinion.
Kumar Doab
(Expert) 31 July 2017
Mr. Suneel Moudgil has advised you adequately...
Such Councillors are a burden and nuisance to society.
There are many nuisance litterers and your counsels would know how to deal with them.
There is NO reason to be overawed and subdued simply because the tenant is some Councillor.......and give such a long rope.
Rajendra K Goyal
(Expert) 31 July 2017
You should plead before the court for eviction on the ground of additions and non payment of rent.
Kumar Doab
(Expert) 31 July 2017
If you can not afford to pay fee then trust DLSA as already suggested.
Apply your local resources and you may know a local senior counsel and the counsel may agree to advise without FEE, or give concession.....
Ayan
(Querist) 01 August 2017
There is no paper , only a rent agreement and a recent receipt (September,2005) of one month.
However , i want to know if 12 years rent is pending and tenant try to pay once.
Can we called him defaulter and will it be a strong ground of eviction or not ?
