Paid bill instead of rent ...

Querist : Anonymous (Querist) 19 August 2011 This query is : Resolved
I used to pay for my rent and water to my land lord for the last 10 years as i don't have a water connection in my name though the rent agreement is silent about water usage . My landlord dint pay water bills for the last 10 years and they amounted to huge amount . My landlord asked me to pay the huge water bill and told me to adjust the same with rent paid in future. i paid the water bill and when i asked him for a receipt for the payment he refused so and said the water was used by me so it was my bill though i have paid him both for rent and water by cheques and those cheques are more then rent payments so self evident that those are for water bills also. i sent him a legal notice regarding issue of a water bill which he received but never replied. now i have not paid him rent for more then 6 months. can i be in trouble due to this .

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ajay sethi (Expert) 19 August 2011
your landlord did not give you anything in writing to pay water bills . you paid on your own accord . it would be advisable to pay rent . otherwise landlord cna file eviction case aginst you for non payment of rent

Devajyoti Barman (Expert) 19 August 2011
Do not worry.
You can stop paying rent till the money paid towards the water taxes is adjusted.
The suit for eviction on the ground of default of paying rent goes once the tenant agrees to pay the future as well as the arrears rent.
At that time you pray for adjustment of rent from the arrears rent.

Querist : Anonymous (Querist) 20 August 2011
He has already filed the case of eviction for non payment of rent and the court has passed an order to me to pay further rent in the court and the court will decide the issue of the previous rent paid by me as water bills as a default or not as per the merits of the case.

Though my landlord

Has agreed in his cross examination that he received legal notice from me where i had requested him for issue of receipt for advance rent paid as water bills ...

Such a legal notice was received by him before the filing of his case ...

He has received all the payments of rent by me before i paid such Water Bills...

What are the chance of my case -

Does a legal notice sent by me to him for receipt of advance payment of rent to which he dint replied for a year be enough or not ,though i don't have any thing in writing from him to make such advance payments as water bills .

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