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Landlord-Tenant

Querist : Anonymous (Querist) 19 March 2010 This query is : Resolved 
Sir, I have filed the suit for eviction of my tenent from my old house where i do not live. That house is in urbanized village of the delhi. The house number which i have mentioned is denied by tenant and he has told the other house number in his written statement and also placed the House Tax record , Water, electricity record on file. In fact our family have two house in the same locality where other tenant lives. Since these are ancestral property and century old and my father had expired so we were not aware exactly the house number of the property. The tenant has admitted his tenancy in respect of the house number which has mentioned and also alleged that he has purchased the house from the elder brother of petitioner. We have also identify the tenant.Suit is at evidence stage. Please tell me whetrher this house number mistake is fatal or not then what is the remedy or will continue like this.
B K Raghavendra Rao (Expert) 19 March 2010
House number is fatal unless you establish by boundary and circumstances that the house of which you have sought for eviction and the house in which tenant is living is one and the same. Your advocate should be prudent enough to know the consequences of such mistakes and how to overcome the typographical or unintentional mistakes.

In evidence, you would do well to cross-examine the tenant and bring him about the facts that the house he is living in is your house.
Kumar Thadhani (Expert) 19 March 2010
Yes Mr. Rao has opined very well.


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