Eviction suit
KETAN J SHAH
(Querist) 22 February 2014
This query is : Resolved
Respected Sir's.
The Landlord has filed an eviction suit in small causes court against Tenant for illegal additions/alterations without written permission from Landlord.
The illegal work was carried out by Tenant in 2006 and immediately after entering the premises the Tenant stopped paying the Rent. The Landlord asked the tenant to pay up the Rent but Tenant did not give any attention till 2009.There was No written correspondance between the Landlord and Tenant nor the Landlord complain to BMC against Tenant as both the parties were in mutual correspondance and in very good cordial relations.
However till 2009 when the Tenant didnot tender the Rent or Taxes the Landlord sent a notice thro his advocate and terminated the Tenancy rights and after second notice when the tenant did not pay the rent for third time a suit. after which there has been extensive correspondace between both the parties and their respective Advocates. Also the Tenant has filed a suit on BMC in City Civil court for challenging the MRTP order served by BMC on Tenant for restoring the suit premises as per plan.
The Landlord is for cross examination.However the Landlords Advocate has told the Landlord that since YOu have not entered into any written correspondance with the Tenant from 2006 to 2009 your suit is in trouble.
Is it true or he is just trying to frighten the Landlord.
Please advice
Thanking you in advance
Devajyoti Barman
(Expert) 22 February 2014
If the suit is for eviction then such lack of correspondences has no material bearing on the merit of the case.
Rajendra K Goyal
(Expert) 22 February 2014
Cases are decided on merits. Without going through full case file and documents nothing useful can be advised, contact your lawyer.
Dr J C Vashista
(Expert) 23 February 2014
Your lawyer is in better position to advise.
T. Kalaiselvan, Advocate
(Expert) 24 February 2014
The case will be decided on merits, do not expect to pass comments on the case whose proceedings are going on in the court
Raj Kumar Makkad
(Expert) 24 February 2014
I do agree with the exerts hence no more to add.
SHIRISH PAWAR, 7738990900
(Expert) 22 February 2014
