Rental & Landlord
Prashant
(Querist) 23 February 2010
This query is : Resolved
Sir,
my family(mother and father)living in a rented house since 25 years,Now we have ration card,driving licence,vote id card on rented address,having no rent aggrement or rent reciept.
During 25 years, landlord sold house to 2nd person,at present 2nd person(Presently landlord)want to Vacant house from us in this condition what can we do to stay or defense? We have no aggrement from present landlord.
please give advise
ad. creaminall
(Expert) 23 February 2010
you can file a declaratory suit before small cause court against the landlord. further if you paid the rent by cheque or if the landlord has issued any receipts against the payment of rent, then the same may support you claim. you also can produce the residential proofs for supporting your claim. and alongwith this you should start to deposit the rent in the court.
Devajyoti Barman
(Expert) 23 February 2010
If the present landlord want the tenanted property , the only legal option for him is to file a suit for eviction. So unless there is an attempt of extra judicial means to evict you one should not be advised to file a suit for declaration or injunction.
In the eviction suit the plausible ground is 'reasonable requirement' which cab be countered by various methods as available.The rent receipt is proof of your tenancy, if any. If not then send rent by money order to the new landlord.
B K Raghavendra Rao
(Expert) 23 February 2010
The tenancy is an accepted fact. To evict you, the owner (whether previous or present)has to issue you a notice of quit and then file an eviction suit.
The courts invariably pass orders in favour of owners. You are bound to vacate the house sooner or later. The only course left to you is to face the case and wait until orders - time gain is the biggest gain you get.
niranjan
(Expert) 23 February 2010
I agree with Mr. Barman.Pl.also find out in your rent Act whether there is a provision that when the premises is purchased with tenant,the land lord cannot evict the tenant except for bonafide use.
Parveen Kr. Aggarwal
(Expert) 23 February 2010
From your query, it appears that you are not having any proof with regard to your status as tenant in the premises and you have apprehensions that the landlord may take possession of the premises from you. In case, you apprehend that the landlord intends to forcibly dispossess you then, you should file a suit for injunction restraining the landlord from dispossessing you except in due course of law. The documents referred in your query, i.e. ration card, driving licence, voter card etc. may be helpful in your proving your possession over the property. You may also get a local commissioner appointed in case it is needed.
Kumar Thadhani
(Expert) 24 February 2010
Expert Mr.PARVEEN HAS REPLIED YOUR QUERY RIGHTLY.
