Denial of title
Sonia Prabhu
(Querist) 06 April 2012
This query is : Resolved
This is for a case of eviction under Denial of Title :
Facts:
4 yrs ago the Plaintiff bought this property. He claims to be the new landlord of the tenants (who are tenants for 50 yrs). But in these four years he has never informed them about he becoming the new landlord / owner of this property or neither has the previous owner /landlord informed them about Plaintiff being the new landlord. But instead, within 10 day after buying the property the Plaintiff had used forcible majors, such as crime( assault, ransacking etc) to evict the tenants ( Plaintiff has been charge sheeted for the same u/s 326 and others).
After committing crime the Plaintiff has filed a civil suite for eviction of the tenants. But because of all this and the fact that the tenants have never been informed by the plaintiff about Plaintiff becoming the new landlord till today, the tenants have denied the Plaintiffs title of landlord. Now Plaintiff is trying to en-cashing on this, and is demanding of eviction on tenants under this ground of Denial of Title .
Query :
Since there is no relationship of Landlord and Tenant ever build between the Plaintiff and Tenants as the Plaintiff has never taken the rent from the Defendants nor followed any formalities I believe this stance of Plaintiff to evict the defendants on bases of denial of title should not stand in the court of Law.
To justify this I need help from experts here...
Can anyone please help me with citations :
To prove that:
1) In a case of suit for eviction it is must that a RELATIONSHIP of LANDLORD & TENANT must exist between Plaintiff and Defendant
2) Denial of title of landlord is no ground of eviction for tenant IF there does not exist any RELATIONSHIP of LANDLORD & TENANT between Plaintiff and Defendant.
3) Clear explanation of what is exactly a relationship of Tenant and Landlord.
Every advise is valuable pls give your views too
Sonia Prabhu
(Querist) 08 April 2012
Checked in various cases it is said the
'denial of title must be BONA FIDE'
can anyone tell me the meaning of this pls.
V R SHROFF
(Expert) 08 April 2012
That any party to suit denies the ownership of Landlord, it must be honestly alleged,
There should be sufficient grounds to prove, that he is not a Landlord of the property rent to tenant.
Doing otherwise is fatal mistake.
Sonia Prabhu
(Querist) 08 April 2012
Thank you Mr Shroff it is very helpful
Sonia Prabhu
(Querist) 08 April 2012
Are there any specific duties on the part of the landlord which is mandatory for him to perform on order to prove he is a landlord.
Is it must that the previous landlord should attorn the tenant that (XYZ) is the new landlord and the rent should be paid to him (XYZ)hence forth, and the new landlord( XYZ) must attorn the tenant that he is the new landlord and the rent should be paid to him hence forth.
prabhakar singh
(Expert) 10 April 2012
A tenant has to meet eviction on denial of title ,if his tenancy entry in premises in question is proved by the land lord who let him or by any one claiming title under him.
Bobby Mani T
(Expert) 01 July 2016
On denial of title of the landlord the tenant is setting up a title in himself. Hence in the suit there are two persons claiming title of a property. The court need not burden one among them the landlord with additional liability of proving any one of the grounds under Rent Control Act and give protection given to tenants under Rent Control Act to another person. Here both are claiming title to a single property. Both has to adduce evidence as to his title and the court should declare the title of the property as per record. And in a civil suit which is for declaration of title and recovery of possession the court should give remedy to one who proves his title.
