Forced Posession by landlord of rented Accomodation
Querist :
Anonymous
(Querist) 03 February 2010
This query is : Resolved
Kindly advice if a family is living in a rented accomodation from last 65 years ,having all the documents like electricity bills, D.O.B Certificates, Death Certificates,School Sertificates, Voter ID, ration card,Pan Card,Passport,Gas Connection and all other possible goverment proofs are on the Same address but the rent agrrement and the rent receipts are not there ,as it was a vocal agreement between my great grandfather and the owners grand father 65 years back..hence on basis of that we are staying here since then.
The landlord use to come every six months and take cash from us on lieu of Rent+House Tax ...Now the Old landlord has sold the house to a new party ,who is using force on us to vacate the house...this is a 4 floor house in which we have 3 floors with us and on the one floor left ,there is another tenant...
The new owner is taking the advantage of the point that we have no where mentioned in paper of the portions we are in possesion of ,as well as there is no rent agreement and rent receipts with us since last 65 years...
I want to know what all remedies I have ..can i file a case in the court to take stay on the property?? Please advice..
R.R. KRISHNAA
(Expert) 03 February 2010
File a civil suit for permanent injunction against the new landlord restricting him from evicting you from the premises except by way of due process of law. It is the only remedy available for you.
But practically speaking, choosing to litigate will not give lasting peace and only adds trouble and tension in life. I suggest you to either vacate the house and hand it over to its owner (the new landlord) or negotiate with the owner and take his permission to continue to live in the place as his tenant by paying rent.
Eventhough you claim to have lived for long years, just imagine if someone occupying your house for long years trying to file a case against you or claim the house as his own, what will be your situation?
In my final opinion it would be fair and decent on your part to handover the possession of the premises to the new landlord and find yourself another good place to live.
Please dont mistake me for saying the above. I just want you to think right and do right.
Raj Kumar Makkad
(Expert) 03 February 2010
You cannot be forced to evict the house in such haste as suggested by Krishnaa. You have every legal right to continue until and unless legally you are ordered to be evicted. You go to civil court and obtain stay order against the forceful eviction.
niranjan
(Expert) 03 February 2010
When the premises is purchased with the tenant,new landlord cannot evict without rent suit.Pl.take a copy of the regd.saledeed and find out whether the seller has mentioned that tenants are in the property.Whether old landlord has given you attornment notice for paying rent to the new landlord?
B K Raghavendra Rao
(Expert) 03 February 2010
Whatever is said and done, you are not the owner of the property and therefore you are bound to return the property to him. The only question here is that you should be evicted under due process of law. He may issue a quit notice and approach the civil court for eviction order.
In our recent experience, the courts do not take much time for deciding upon such cases and the high courts do not entertain appeals very easily.
Why don't you give back the property to its owner?
Parveen Kr. Aggarwal
(Expert) 05 February 2010
Ethically the advice of Mr. R.R. Krishna and Mr. B.K. Rgahavendra Rao are perfect and no second opinion can be had. But you have sought legal opinion. It is settled law of the land that nobody can be dispossessed from a property against the provisions of law and for getting possession of property everybody including an owner has to take recourse of law. A tenant in possession of a premises is protected under the Rent Control laws and cannot be evicted except on the grounds of eviction available to a landlord. In case you apprehends forcible dispossession by new purchaser of the property, you may file a suit for injunction seeking restraint order against him that you be not dispossessed except by due process of law. To prove your possession over the property, you may produce the documents mentioned in the query along with site plan and photographs of the property and may also get a local commissioner appointed.
