Rent/eviction case
anuj
(Querist) 19 July 2015
This query is : Resolved
A person has taken Shop on rent 20 years ago , initially tenancy was for 11 months and the main conditions were that tenant cannot sub-let and certain trades were prohibited . NOw ,thereafter tenant is doing the same prohibited trade for the past 20 years and is giving rent after a year . Now the landlord has filed a Eviction suit on the ground of default of rent and violation of a agreement condition of prohibited trade .
now , that tenant is doing said trade for past 20 years and is already paying rent after one year for past 3 years .
what defences should tenant take ???
M/s. Y-not legal services
(Expert) 19 July 2015
already case is going on me, you can not take new grounds apart from your pleadings which is already initiated before the court of law
M/s. Y-not legal services
M/s. Y-not legal services
(Expert) 19 July 2015
actually where are you from? cos land laws may differ state to state.
M/s. Y-not legal services
anuj
(Querist) 20 July 2015
I have not filed objections probable defences for it.shall i say he had already agreed verbally to pay rent after year nhe had not objected user for 20 years
M/s. Y-not legal services
(Expert) 20 July 2015
whatever may be., but you can not go anything against your pleadings..
M/s. Y-not legal services
P. Venu
(Expert) 20 July 2015
What is the prohibited business?
Rajendra K Goyal
(Expert) 20 July 2015
Your lawyer would take care of your interest in the court on the basis of documents, facts, circumstances exist.
anuj
(Querist) 20 July 2015
stationary products . I have not filed any pleadings .yet to file pleadings
Dr J C Vashista
(Expert) 20 July 2015
Vague and confused query.
Stationary products trading/manufacturing/ selling is not prohibited business, is it?
M/s. Y-not legal services
(Expert) 20 July 2015
oh.. not yet filed ?
"Now the landlord has filed a Eviction suit" your this sentence only made confuse.
its ok., now tell me do you want to contest your case as in person? or through counsel?
M/s. Y-not legal services
(Expert) 20 July 2015
you are thinking to file a case through an advocate counsel mean just nothing to think this much. just appoint an advocate for further proceedings. he will take care of your cases.
Biswanath Roy
(Expert) 21 July 2015
Let me know following informations :-
1. In which State the tenant was inducted?
2. The date of tenancy.
3. Whether tenant paid any Advance or 'Salami'
4. The date of trade/business license.
5. The date of first payment of rent.
6. What are the prohibited business
7. Whether any rent was deposited in the Rent Court IF SO STATE PERIOD.
8. Whether dues of rent was demanded by the landlord by serving any legal notice upon the tenant? If so state its date.
9. Why have you allowed the tenant to carry on trade of prohibited goods for long 20 years?
10.When information of such trade came to your knowledge?
