No rent receipt , rent agreement xrox only
Sudip Adhikary
(Querist) 29 August 2018
This query is : Resolved
1)A khas procession was rented in 2004 for one year.
2)The rent agreement was renewed 2005 for one year.
3)After 2005 , rent agreement was not issued.
Land lord never issue rent receipt.Original of all rent agreement
is lost , XROX copy of rent agreement is there with landlord.
Tenant have no agreement copy only XROX.
From 2005 end till date , land lord not accepting rend.
Asking to vacate the processing verbally .Tenant were asking time.
on 2017 , land lord file for eviction suit.Now tenant is saying that
he has paid up to date and not rent receipt was issued.As landlord
can not show ,the counter part of any rent receipt , he claim that,
the payment has been made over hand.
a)If landlord is not able to produce counter part of rent receipt.
Will court consider full payment by tenant ? Landlord can not
ask for default of payment ?
b)Tenant has made alteration of the property without consent and that have accepted by
tenant in the court.Is this a valid ground for eviction ?
c)XRAOX copy of agreement can prove Tenancy ?
d)Tenant has no paper , only XROX copy of the Agreement.
Will it be difficult to evict them?
d)Landlord daughter and her husband has no own house.Both govt employee.
Both are eligible for Govt Qauter.Landlord want to gift this property to his daughter
and daughter want to demolish exiting structure and build new by taking housing loan.
(Currently Tenant or his relative does not stay this house,it is too old and damaged)
Is this reason is sufficient for reasonable requirement ?
Kishor Mehta
(Expert) 29 August 2018
The Rent Act of your State will apply.There are certain points that need clarification : 1.Tenancy rights cannot be claimed If the rent agreement wasn't renewed after 2005, 2. Tenant has to produce rent receipts or other tangible and verifiable evidences to prove payments of rent, landlord can not produce counter foils of rent receipts for the rent that has not been paid, 3. The tenant has made alterations in the property, without the permission of the landlord, and has accepted doing so, this has made the tenant liable to be evicted, 4. Tenant is not using the property for the purpose for which it was rented this has made him liable to be evicted, 5. Landlord can evict the tenant for his legal and bonafide necessity.
Sudip Adhikary
(Querist) 29 August 2018
Landlord's Employed daughter and her husband has no own house.Both Govt employee.
Both are eligible for Govt Qauter.Landlord want to gift this property to his daughter
and daughter want to build Own home taking house building loan.
Is this reason is sufficient for reasonable requirement ?
As husband ,wife both eligble for govt qauter,till want to build own home , will court consider this reasonable requirement ?
Kishor Mehta
(Expert) 29 August 2018
1.You forget that the tenant does not have any legal proof of having paid the rent, 2. He has made alterations without the permission of the landlord, 3. He has not been using the premises. These are reasons enough for his eviction.
Sudip Adhikary
(Querist) 29 August 2018
Thank you kisore sir.
One point I want to clear.
Tenant using the premise , landlord is not using the premise , as landlord had separate accomodation.
Dr J C Vashista
(Expert) 30 August 2018
I endorse and appreciate expert advise of Mr. Kishor Mehta, well analysed, opined and guided.
You are unauthorised occupant of the premises therefore, it would be better to vacate and handover possession of alleged demised premises to avoid unnecessary litigation and payment of damages besides being declared as trespasser.
