cancellation of society - reg

Querist : Anonymous (Querist) 30 January 2011 This query is : Resolved
Respected Sirs,
This was the query posted for advice previously.

"One of my tenants had got registered a society with our permission stating that it is his own house and to that extent he had filed a affidavit giving false information that he is not collecting any rents for running the office.

The said tenant has got registered the said society inspite of serving him a legal notice that he is illegally running offices in the SSP.

When approached the ROS, I was advised to approach the competent court for cancellation of the said society and that the ROS has no authority to cancel the said society.

Which is the competent court to approach for redressal of my grievance."

1. Though the above is a valid ground for eviction,

I would like to state that the tenant in a suit for injunction stated in their pleadings and deposed in their cross examination that they have no socities registered in the SSP after taking the present house for rent.

2. The tenant is using the SSP for office purposes illegally and stopped paying house rents (leave alone the office rents that are legally payable)on the guise saying that the rents are deposited into the court.

3. the tenant has in their affidavit wrongly stated that it is their own house and they are not collecting rents.

4. Is the false declaration punishable under the IPC and Is their any provision for me to claim the rents due under the R.C.Court as they are illegally using it for commercial and other than residential purposes in contravention to the agreement and their deposition in the court.

Pl advice Sirs.

Thanks

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n.k.sarin (Expert) 30 January 2011
Mr.anonymous, first of all you must terminate his tenancy due to default in payment of rent and using the premises as commercial by giving him one month notice to the said tenant and also demand balance rent,peaceful possession of the premises If he does not comply with the notice, file rent and ejectment suit in the scc court of the district.

s.subramanian (Expert) 31 January 2011
I agree with Mr.Sarin. In addition I would like to state that you are also entitled to file a criminal case against him for issuing a false declaration.

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