No payment of rent is gound for eviction
Sudip Adhikary
(Querist) 08 October 2018
This query is : Resolved
On expire of of contract.Landlord ask to vacate premise and refuse to take rent.
Tenant send money order by post (once) , landlord refuse.
Tenant file title suit.Get injection from court.6 Years have passed.
case is still pending in court.
Tenant neither file any petting for depositing rent to court and not depositing rent
in the court.
Tenant is not paying the rent to the Landlord also.
He just taking advantage of large number of case and dragging the case long and long.
My question is that , as he is not depositing rent so long neither court or landlord.
Can we claim him "willfull defaulter"Will it be a strong ground for eviction ?
Isaac Gabriel
(Expert) 08 October 2018
Default in payment of rent is a strong ground for eviction.In this case you have already initiated litigation and the period of 5 years have also over. Now it is your turn to evict him through court. Your lawuer has to do the needful.
Sudip Adhikary
(Querist) 09 October 2018
as tenant has not given rent for around 10 years.Now if tenant want to submit all rent , still willful defaulter ground will work or court will forgive
Dr J C Vashista
(Expert) 09 October 2018
Where is the property located and what is the rate of rent agreed ?
Whether there existed written, notarised or registered rent agreement or lease and licence) ?
Whether any rent receipts ever been issued to tenant/ licencee?
What was the landlord doing for the last 10 years when s/he did not get rent ?
Contact, consult and engage a local prudent lawyer for better appreciation of facts, guidance and proceeding. However, if the property/ landlord is located in Delhi and feel may contact me (on appointment) at:
Chamber No. 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
Sudip Adhikary
(Querist) 09 October 2018
1)Land is located at West Bengal.
2)Tenancy was 12 month term.It was over in 2008 September.
In tenancy it was written , "Bound to hand over procession after the term expired".
3)Land lord face 6 major operation , he is seek and aged from long term.All
paper is there.
4)One single rent receipt was issued in the first month.
Both tenant and landlord has lost original agreement.Only XROX lies.
Dr J C Vashista
(Expert) 10 October 2018
Contact, consult and engage a local prudent lawyer for issuance of legal eviction notice determining tenancy, followed by a suit for possession of the demised premises and recovery of arrears of rent (as per law).
