Assist me

Naresh (Querist) 10 March 2015 This query is : Resolved
My father was doing business since 30 years in the same premises. during this 30 years our land lord use to demand money from my father and those amount as been kept as advance for the premises. Landlords are living in joint family. Apart from that landlord also borrowed money from my father part by part which totally comes into figures in(laths) And those borrowed amount lend with interest (12%)
Landlord collects premises rent in advances and from the same rent receipt interest has been deducted.
Two years back my father expired, (legal heirs)we carry forward the same business. now my landlord not accepting the rent nor he ready to pay us the borrowed money which lend for interest. Recently without notification landlord of premises done the partition , not informed us(tenant)One among them asked us to pay rent because in his favor the premises has allotted. So earlier borrowed money and earlier advances are not comes into existence since after partition . And he wants us to pay large advances and higher rent for the premises.
Now to whom the property belongs to we are not sure of it nor they giving us copy of the documents to ensure to pay the rent to main owner/titled of the premise
I have sent cheques in favor of the earlier titled and money order also but they didn’t accept the both. No they sent us a notice to evict the premises within given period of time.
Kindly assist me what should i do now?

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P. Venu (Expert) 11 March 2015
Is there any record or any other evidence for the money advanced.

Rajendra K Goyal (Expert) 11 March 2015
Consult local lawyer and reply the notice. If proof of money advanced exist file recovery suit.

Guest (Expert) 11 March 2015
Depends upon the proof of advance made and the purpose to be admitted by the landlord in the past prior to his refusal to accept the cheques and money orders.

Naresh (Querist) 11 March 2015
yes i do have a receipt for the same 5 times advances were collected by them. i have promissory bond/note which were made during the time money borrowed(1995) from us.Interest for the amount usually deducted back side of the rent receipt and duly signed by them and difference rent amount we pay them.
cos of partition we are not confirmed of who is our original land we sent a cheque and money in favor of earlier landlord name as per the receipt given to us for the rent.

Surrender K Singal (Expert) 12 March 2015
Seems you have a reasonably good case to reply to WHOSE(?) notice. What is his status, if any mentioned in the notice. You can surely take practical help from some experienced local lawyer dealing in such matters.

T. Kalaiselvan, Advocate (Expert) 13 March 2015
You can very well tackle the issue legally. Take the help of a local advocate, issue a notice and initiate legal process against them.

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