Payment on belahf of the landlord ...

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
On the instance of my landlord i made a substantial payment on behalf of my landlord to a Govt Department without any written agreement. The liability of the payment was of my landlord and i made this payment as advance rent for next 2 years as mutually agreed by me and my landlord and i stopped paying him any rent to him . I insisted to my land lord to issue me a receipt regarding the same but for some excuse or other he never gave me any Receipt. Within 1 year of making such a payment i issued to my landlord a legal notice regarding such payment and issuance of Receipt to me. My landlord duly confirmed the receipt of such a notice during his cross examine but never gave any reply to the same.After 2 years of such a payment my landlord filed a case against me for eviction on the basis of non payment of rent and stating that such a liability which i had paid was my liability and not his. During the case i can easily establish that the liability was his and not mine but -
1.Will the court agree to such an oral agreement between us.
2. Will the legal notice sent by us to him to which he as agreed to receive and to which he had not taken any action imply that such a payment was made on his behalf.
3. The legal notice sent to him was much before the institution of the case by him will clearly indicate that sending a notice to him was a not a afterthought and the genuinity of our intentions.
4. Do i have any chance in this case.
5. Are there any case laws regarding the issue of the notice as mentioned above and Implied/Oral Agreements which have Direct Evidence under the Indian Evidence Act. Thanks......

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Devajyoti Barman (Expert) 06 December 2011
1. Yes
2.Yes it will help.
3.yes
4.Yes

ajay sethi (Expert) 06 December 2011
you have made substantial payment on behalf of your landlord. i prsume payment was made by cheque and amount debited from your bank account .

the fact that landlord did not reply to legal notice is significant . he has not denied receipt of legal notice . in the absence of denials from the landlord the contents of legal notice are uncontroverted.

you can plead oral agreement between you and landlord . the defence sought to be raised by you is not an afer thoought .

you ahve a good case .

Raj Kumar Makkad (Expert) 06 December 2011
I do agree with Ajay.

Querist : Anonymous (Querist) 06 December 2011
Thanks..

Yes the payment was made by Cheque and debited from my account.

Do you have any case laws on the subject as you mentioned - "In the absence of denials from the landlord the contents of legal notice are uncontroverted."

Though the case of the Landlord is that i had used those services in my flat while that was totally wrong as i had always made all the payments of my services to the landlord again by cheques and as per local laws the liability of the services used and its payment was of the landlord and not me .

Devajyoti Barman (Expert) 06 December 2011
After perusing the evidences of both the parties the court would decide whose version is true.

Querist : Anonymous (Querist) 07 December 2011
What do you think whose version looks correct in the circumstances given ... what percentage of chance do i have in this case .

Devajyoti Barman (Expert) 07 December 2011
It would depend upon the proofs the respective parties would submit to the court.

prabhakar singh (Expert) 07 December 2011
yes! i Agree.

Raj Kumar Makkad (Expert) 08 December 2011
How much replies of the same question Barman is providing.

Raj Kumar Makkad (Expert) 08 December 2011
Author is very lucky to have the expert like Barman who cares for him more than himself.

Arun Kumar Bhagat (Expert) 23 January 2012
I too agree with Mr.Barman's reply.

V R SHROFF (Expert) 23 January 2012
Eviction is not that easy.
You pay Rent in Court.
You insist, Land Lord not only instructed, but ack that I paid by Cheque for and on his behalf. If at all, it is a money suit. Eviction suit will be decided , and He have no ground, and he did not reply your Legal Notice, adverse inference will be taken by Court, that goes in your favour.

Payment on belahf of the landlord ...

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