Land grabbing against tenant.
bharat khatwani
(Querist) 22 July 2024
This query is : Resolved
My tenant has stopped paying rent after sending a legal notice TO ME demanding an insane amount (equal to 150 years' total rent) allegedly spent by him for repairing. He has also stated that the rented premises further need major repairs to make it safe to live. 80% of this amount is claimed as per an oral agreement with my father 24 years ago. This claim is time-barred and insanely inflated. This amount is more than that required to construct a house double in size on the date of the so called oral agreement. This amount was never demanded by the tenant in the past 24 years, nor did he demand it in a letter written prior to HIS the legal notice. This is usual practice of tenant and advocates. They demand such insane amount to vacate the house or if landlord is not able to pay it, they offer to buy house at throw away price.because courts take 10/15 years to settle such cases. Courts do not pass strictures against tenant/advocates for frivolous litigations, so there is huge rise in cases related to tenancy. Some landlords have initiated land grabbing case against tenants. Tenants went to Gujarat High court to challenge these cases. Recently Gujarat High court has dismissed more than 100 cases challenging land grabbing cases initiated by lower courts. What precautions should be taken to safeguard against counter actions of tenanat?
T. Kalaiselvan, Advocate
(Expert) 23 July 2024
The landlord should file an eviction suit before the appropriate rent control court to evict the tenant who are residing in the premises without proper rental agreement, it cannot come under land grabbing case.
