Hand to hand payment validity in court
Ayan
(Querist) 29 September 2017
This query is : Resolved
Tenant not paying rent for few years.Landlord filed the case of eviction.Tenant claim that he have paid all hand to hand , no document or withness there, from the current month, he want to diposit rent in court and wants protection against eviction.
My question is
A)hand to hand payment is valid in court matter , where no document exists ?
B)on such false claim , court can protect tenant against eviction?
C)Tenancy expire 5years ago , in such claim , court can extend tenancy ?
Vijay Raj Mahajan
(Expert) 29 September 2017
The payment of the rent amount in case can be made in the court, the statement of the payment will be recorded where both parties sign and this will serve as sufficient proof of payment of due rent to the landlord.
The payment of rent made in court will allow the tenant to continue to stay in the property and dismiss the petition for eviction made on ground of non-payment of rent.
However if there is other ground available with landlord to get the eviction of the tenant, that will be considered by the court and decide it on merits.
Hand to hand payment of rent can be proved with help of genuine witnesses provided the court consider this as valid proof of payment. Bank statement of the landlord can be summoned to prove regular deposit of the rent amount every month. Otherwise, this seems difficult to prove in the court without proper documents to prove the receipt of the amount to the landlord.
No the court will not extend the period of tenancy as that is the mutual agreement of the parties.
Ayan
(Querist) 29 September 2017
Non payment of rent 5 years is not a ground of eviction ?? Defaulter ground. Court will simple adjust ??
Ayan
(Querist) 29 September 2017
It means If tenant never pay , claim false , landlord have nothing to do.Court consider hand to hand payment as valid proof ???
Tenant want to diposit to court from current month , not ready to pay arrear ,land lord will not adjust as he asked thousand times , finally he had to move court.Land lord will not sign mutually , he wants judgement as per law.
Ayan
(Querist) 29 September 2017
Please advice if land lord does not settle , hand to hand payment will consider valid or nor
Isaac Gabriel
(Expert) 29 September 2017
Unless the payment is proved by documents ie Cheque,transfer,deposits and payment vouchers,the court will proceed based on the plaint.
Isaac Gabriel
(Expert) 29 September 2017
Unless the payment is proved by documents ie Cheque,transfer,deposits and payment vouchers,the court will proceed based on the plaint.
Advocate Bhartesh goyal
(Expert) 29 September 2017
Defendant has to submit cogent proofs regarding payment of rent else court will rely on plaint.
Rajendra K Goyal
(Expert) 29 September 2017
You asked:
A)hand to hand payment is valid in court matter , where no document exists ?
Reply: Yes, if proved otherwise.
Rajendra K Goyal
(Expert) 29 September 2017
You asked:
B)on such false claim , court can protect tenant against eviction?
Reply:
Generally not. However, if court satisfies, chances can arise.
Rajendra K Goyal
(Expert) 29 September 2017
You asked:
C)Tenancy expire 5years ago , in such claim , court can extend tenancy ?
Reply:
If satisfied, court may refuse eviction order.
P. Venu
(Expert) 29 September 2017
You are posting too many a query. What is the real issue?
Kumar Doab
(Expert) 29 September 2017
The Experts have illustrated...............
Agreed with Experts.
Kumar Doab
(Expert) 29 September 2017
Pls respond to the observation of Mr. P.Venu.
Ayan
(Querist) 29 September 2017
To Mr P.venu , I am husband of a old man youngest daughter.The old man have several property land , several tenant .Almost all the propery disputed.I have filed several case on behalf of the old man.If you need ,I am ready to send you case number and court website , you can verify.however thanks to all expert.
And if expert feel disturb with me , I am ready to delete my account.
