Illegal occupants
Ani
(Querist) 21 February 2013
This query is : Resolved
An agreement between the Landlady and my Mother was effected in 2006 to purchase the flat that we were tenants in. We paid a token amount of Rs. 40000/- at the time of agreement.
As per the agreement, we were supposed to pay the entire amount within Dec 2007 and till the time that the entire sum was paid, we were supposed to pay an occupancy charge of Rs. 2000/- and Rs. 100/ water expenses. However, soon after the agreement, the landlady said that the space to setup the water pump could not be provided near the reservoir and that it would not be included in the map as well.
Due to the disagreement, the deal did not go through. In 2010, the landlady filed an ejectment suit against us stating that we were illegal occupants. The landlady now does not want a settlement.
My question is :
1) Did the tenancy become void when the Agreement for Sale was made?
2) The landlady has not returned the token amount as yet, can we be termed illegal occupants(The electricity meter is in my Mother's name)?
3) The landlady had refused to include the space for the water pump in the map and we had written to her requesting the same. Should the space be included in the plan?
Raj Kumar Makkad
(Expert) 21 February 2013
1. No. The tenancy is still going on.
2. You cannot legally demand back that amount as this is time barred, however, you can plead that the landlady had orally told to adjust the amount of token amount in the rent of the house.
3. It depends but that chapter has already been over and the matter of 2007 is not under consideration now.
ajay sethi
(Expert) 21 February 2013
you are not illegal occupants . you have been paying rent regularly . as per the agreement tenancy rights were to be trnasferred into ownership rights .
you need to contact a local lawyer . show him the case papers . fight eviction case
Ani
(Querist) 21 February 2013
Dear All
Thank you for the replies.
We have been paying the Occupancy Charges and not rent and depositing it in the court on a monthly basis. Also, the agreement stated that the Rs. 40000/- would be adjusted from the total amount to be paid.
As per the current case we have been accused of Illegal Occupancy due to non-execution of the agreement for sale. As mentioned by ld. Lawyers above, the tenancy is still there, so will a new eviction case needs to be filed by the landlady for eviction once the court decides that the tenancy rights remain?
Raj Kumar Makkad
(Expert) 21 February 2013
In that situation, the landlady may extinguish tenancy rights and may sue rent petition for eviction on the grounds which she deems fit to insert.
Ani
(Querist) 23 February 2013
so does this mean that if we pay the rent or fine in the amount she has asked, our tenancy rights will return? Or does it mean that we will have to leave the house if no settlement is reached?
Ani
(Querist) 04 March 2013
Any suggestions on the above query?
prabhakar singh
(Expert) 04 March 2013
In which state the house is?
From which date the tenancy is?
Is the building regulated under rent control of the state?
How old the building is?
Is the tenancy is in writing or oral?
If in writing,the date of tenancy and period for which it was agreed?
Has the rent been paid against receipt,if yes up to what period?
Did land lady served any notice to determine the tenancy?
These and many more things are required to be considered to speak appropriately.
AS REGARDS TO YOUR QUERIES:
1.AN AGREEMENT SALE BY LAND LADY WITH TENANT,IF NOT MATERIALIZED IN SALE IT SELF
CAN NOT MAKE TENANCY VOID OR ILLEGAL.
THAT ASPECT WOULD BE JUDGED INDEPENDENTLY IN THE LIGHT OF FACTS I HAVE SOUGHT FROM YOU.
2.YOU WERE REQUIRED TO SUE HER FOR RETURN OF TOKEN MONEY PAID IN 2006,NOW SUIT HAS BECOME TIME BARRED YOU CAN NOT SUE HER TO GET 40K BACK.
AND IN CASE YOU ARE IN DEFAULT OF PAYMENT OF RENT AN ADJUSTMENT COULD BE PLEADED IN HER SUIT OF EVICTION ONLY WHEN YOU SUCCESSFULLY ESTABLISH BY ORAL EVIDENCE THAT IT WAS AGREED BETWEEN YOU AND HER THAT TOKEN MONEY SHALL GO ADJUSTED TOWARDS PAYMENT OF RENT.
3.THE AGREEMENT HAS ALREADY FALLEN THROUGH AND AS NO SUIT TO ENFORCE THE SAME WAS BROUGHT WITH IN TIME PRESCRIBED BY LAW,HERE NOW THERE IS NO OCCASION TO CONSIDER THAT ASPECT.
Ani
(Querist) 09 March 2013
Thank you Mr. Singh.
In regards to the questions asked by you, please find the below responses:
In which state the house is?
A) West Bengal
From which date the tenancy is?
A)The tenancy was in the name of my grandfather(Mother's Father) which was transferred in my mother's name after his demise in 1991.
Is the building regulated under rent control of the state?
A) In the previous eviction case, we were paying rent in the rent control.
How old the building is?
A) The building is around 40 years old.
Is the tenancy is in writing or oral?
A) The tenancy was transferred to my mother and was acknowledged by the court.
If in writing,the date of tenancy and period for which it was agreed?
A) There is no mention of any end date of tenancy.
Has the rent been paid against receipt,if yes up to what period?
A) The rent was earlier paid by my grandfather against receipt and after that in the rent control.
Did land lady served any notice to determine the tenancy?
A) Not sure.
Ani
(Querist) 11 March 2013
Any comments on the above queries?
