Landlord filed a case for eviction
Vikas
(Querist) 13 December 2015
This query is : Resolved
I am a pugree tenant of a commercial shop since 1980,rent is rs 500 p.m.we have a written agreement with the landlord.the rent receipt is in firms name in which me and my wife are partners.landlord passed away in 1990,he has two sons,one of the sons came forward and started collecting rent and issued us rent receipts.however since 1996 he stopped accepting rent and stopped giving rent receipt.we however sent him money order regularly from 1996 to 2010 through rpad.we have proof of him not accepting that.in year 2011 he filed a case of eviction against us stating we haven't paid him rent and he needs the shop for bonafide requirements of his wife to open a clothes boutique. And we have done illegal construction. Total 3 points.
We have submitted proof in court of him not accepting the money order,judge has allowed us to deposit rent in court.we have submitted proof of the landlord having various properties around the suit premises on ownership basis,one property is worth rs50crores,that too has been submitted on records in court.a shop next to mine was bought by the landlord from an old tenant of his and instead of opening the clothes boutique for his wife he has again given it on rent at current market value fetching him lacs of rupees per month.we have submitted proof of the leave and license agreement of the newly rented shop in court that landlord is greedy and doesnt need the premises.he wants to evict us so that he can take new tenants at current market rates and we have stated i have no other place to so business as this is my only source of income as i dont own any other shop.which is true.i have only this shop as my bread and butter.landlord has submitted pics in court stating we have done illegal construction.in my shop there is a wooden mezzanine(potmala) i got the plan through rti from the corporation and submitted in court that the potmala was there since the premises have been rented to us.landlord had said we have built the potmala without his permission. And also there were broken tiles in front of our shop as its a very old building of 1960's which i got repaired at my own expenses,landlord has submitted pics in court that we have done unauthorised laying of tiles without his permission.in our written agreement its mentioned we can do any BAANDHKAAM (construction repair) at our own expenses.the case is going on in small cause court and the landlord or his lawyer dont even turn up for the hearings.i go regularly for the hearing and all i get is tareek par tareek,its been 4 years,i want to know my position in this case,is there any fear of eviction and me losing the case
P. Venu
(Expert) 13 December 2015
Let the case take its own course!
Rajendra K Goyal
(Expert) 13 December 2015
Your lawyer would take care of your interest.
You have a good case in the given facts.
Prey the court to dismiss the case if he or his lawyer does not attend the court.
Dr J C Vashista
(Expert) 16 December 2015
I agree with experts, your lawyer is the best person to proceed as desired/required.