Urgent help.civil case under delhi rent control act
Saurav
(Querist) 15 October 2015
This query is : Resolved
Dear All,
Need your help/Expertise,
1. That I the complainant Aged Mr.Y 28 years VIKAS PURI, New Delhi 110018
2. That I am a tenant of the entire first floor comprises of two rooms, open space, toilet, bathroom kitchen paying a monthly rent of Rs. 3,000/- In Words Rupees Three thousand Per Month exclusive of electricity and water charges, I was inducted as a tenant vide rent agreement dated 13/10/2006 and the tenancy started from 10/09/2006 for a period of 11 Months, that after the expiry of 11 Months no fresh rent agreement was executed between me the owner Mr.x kept on residing at the above mentioned address with the consent of the owner, I have a Passport, Aadhar Card other document on the same address,
3. The owner Mr.x with his son started disturbing my peaceful life and constantly harassing me to vacate the house despite of the fact I’m regularly paying my monthly rent@ 3000/-PM electricity water bills. I would also like to tell that since the day of the inception of the tenancy, Owner has never issued any rent receipt against the rent, so received by him,
4. The Owner Mr.x wants to abruptly raise the rent from Rs. 3000/- to Rs. 7000/- to which I objected not to raise rent in such a manner, he starting visiting visiting the house at odd hours and started pressurizing me to vacate the house
5. After which I filed a Suit for Permanent Injunction on 20/06/2013 Pending in the court of Vacation Judge (West), Tis Hazari Courts, Delhi later in the court of Civil Judge, Tis Hazari Courts, Delhi ,the same was left due to technical grounds/advice of lawyer
6. Mr. X owner filed a case against me in jul/2013 for recovery of dues & possesion of property, since the tenancy started in 2006 and a rent agreement was made by owner once only after which no later rent agreement Mr Owner never issued any rent receipt, since he failed to produce any renent enhancement notice/agreement /receipt, later the order came in favour of owner in aug/2014
7. later to which i have filed an appeal pending it has been tlod to me that it will not go into my favour despite having all evidence & documents in my favour
I need an expertise
R.K Nanda
(Expert) 15 October 2015
query too long.
dr g balakrishnan
(Expert) 15 October 2015
Date of agreement sometime 2006.He seems filed eviction in 2013,
No rent receipts in possession.
How he could say that he ad not received rents so evicting you?
agn a person could evict a tenant only when he has no other accommodation for his own family members.
agn, he seems to be moving the court without clean hands.
No judiciary works for bad citizens but only for good citizens only, good citizens have all constitutional rights or statutory rights, otherwise he is kind of persona non grate type .
so i think you have a case, in spite of you pay low rent for the accommodation.
you can move art 226 writ r/w 227. against him as 1st respondent and the second respondent the delhi administration, naturally cat out of the bag situation arise as he failed to pay relevant taxes on rents collected by virtue of yr agreement with him and he had not issued rent receipts...he cheated income tax too, might be you can add union of india as 3rd respondent.
you need a local god advocate at delhi high court.
Rajendra K Goyal
(Expert) 16 October 2015
You have no rent receipt, means illegally occupying the house without payment of rent./ any agreement of lease / tenancy. Agreement has lapsed years ago, you have a weak case in your favor.
