Oral agreement ...
tdeli
(Querist) 20 July 2013
This query is : Resolved
Hello...
It is very tough to prove any Oral Agreement but do these facts prove an Oral Agreement.
A Tenant deposited a major House Tax Bill of a landlord in Chandigarh who promised him to adjust the said amount paid with Future Rent and also promised to issue him receipt for the same.
The tenant stopped paying him rent after that payment.
Even after several requests the Landlord never issued any Receipt to the Tenant for Advance Rent and when it was not issued for more then 6 months the Tenant issued the Landlord a legal Notice regarding such payments and the Landlord never replied to this notice.
After serving of 18 months of such a notice by the tenant the landlord sent a legal notice to the tenant which was never received by the Tenant as it was sent on a wrong address and also filed a case for eviction for non payment of rent.
Now how can the Tenant prove the Oral agreement between the landlord and the tenant and claim that the payment paid was of advance rent .
The tenant pleas and circumstantial evidence are as follows -
1. It was not his responsibility to make such a payment of House Tax and it was done on the instance of the Landlord otherwise why would he make such a payment for a property which does not belongs to him .
2.He had issued a legal notice which is confirmed by the landlord also and such a notice is issued much before the initiation of the case and it clearly is not an after thought.
3.The landlord never replied to the said notice thus an adverse presumption should be drawn on the contents of the legal notice.
4.The landlord had never claimed for rent for a very long period of time which is 2 years before the initiation of the case and any such long drawn silence is also indicative that no rent was due to the landlord.
Will this be enough proof for an oral agreement.
Thanks ...
prabhakar singh
(Expert) 20 July 2013
FIRST TAKE NOTE OF THE FACT AND LAW THAT UNLESS EXPRESSLY AGREED OTHERWISE IT IS TENANT WHO IS OBLIGED TO PAY HOUSE TAX, WATER TAX,and ELECTRICITY BILLS.
What proof you have to prove it was not tenant's duty to pay house tax?
tdeli
(Querist) 20 July 2013
In that case i am sorry not to give details of that at first instance -
The responsibility to pay House Tax and Water charges and Electricity Bill as per the Lease deed were all of the Landlord...
Thanks ...
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
In that case, does the tenant has any proof that he has paid the tax. Proof means how he has paid. In cash or cheque. If he has proof of payment, he can produce it in the eviction case.
Rajendra K Goyal
(Expert) 21 July 2013
1. Whether there existed any written agreement that the House tax would be paid by the land lord. If yes, why paid by the tenant ? Payment of House Tax may be the responsibility of tenant as per agreement of tenancy.
2. Whether any reply received of the notice, if not what further action taken?
3. No adverse presumption can be drawn unless proved.
4. During this period whether tenant tried to pay rent if yes, how, it was his duty to pay rent timely.
tdeli
(Querist) 21 July 2013
The tenant paid the tax by cheque and the same was confirmed by the Landlord in his cross examination.
Repeating again ...
The responsibility to pay House Tax and Water charges and Electricity Bill as per the Lease deed were all of the Landlord.
The question is regarding proving of the Oral Agreement and if there had been any Written Agreement then there is no query at all .
Thanks...
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
Any witnesses were there at the time of entering the oral agreement. Produce them in your support. Also produce the cheque xerox, hope it is retained by the tenant. Along with bank statement. Rest all court's satisfaction now...
tdeli
(Querist) 21 July 2013
We had already produced cheques/ xerox copies and all were admitted by the landlord in his cross examination.
In our Petition and statement as examination in chief we had stated that the Oral agreement was performed before the daughter of the tenant .
The tenant had expired during the proceedings of this case so the same daughter was cross examined as Respondents Evidence and and no question was asked regarding the Oral Agreement performed before the daughter by the opposite lawyer.
Will this Non Rebuttal by the opposite lawyer of the statement given by the Tenant in his examination in chief and petition that the Oral Agreement was performed before the same daughter who was cross examined will any way help us in the case as an evidence.
Thanks ...
prabhakar singh
(Expert) 21 July 2013
Since as per covenant of lease liability to pay house tax etc.,was that of landlord and house tax as per case of tenant was paid by him by cheque under instructions of landlord on understanding between the two that the same shall get reimbursed towards PAYMENT OF
RENT then in circumstances told further herein above single testimony of tenant is sufficient to prove the point in issue without doubt.
tdeli
(Querist) 21 July 2013
But Prabhakar Sahib the understanding was not in writing...
or you mean the Legal Notice and the testimony of the Tenant is enough ...
Thanks ...
prabhakar singh
(Expert) 21 July 2013
Yes!I am aware that understanding was oral.There are circumstances why tenant shall deposit some thing he was not obliged to deposit without any understanding
that leads to prove that some understanding was there
between two and that due to relationship between the two can not be something else than reimbursement
towards rent hence tenant's single testimony can prove it.Not every fact can be corroborated.And here his daughter was witness ,now a party by substitution who has not rebutted these things,hence things gets proved in my view.
tdeli
(Querist) 21 July 2013
Even after receiving the Notice the Landlord neither replied to the Notice and never demanded rent for 20 months after receiving the Notice thus Long Drawn Silence on the part of the Landlord to not claim the rent can also go against the landlord and the Tenant version can be correct...
Thanks ...
prabhakar singh
(Expert) 21 July 2013
Yes!That also leads to prove your part of version.
