Seeking advice on rent case
H Patel
(Querist) 07 August 2016
This query is : Resolved
Respected lawyers, Please Help.
I am seeking advice on the rent case which i am fighting with the landlord. I am the tenant, and took a floor(1bhk) on rent 3years back. landlord is living on ground floor.
There was dispute in between me and my wife in 2013. then my wife filled complaint in women cell to get her all istridhan & to live separately in a rented house with me(living away from my parents). Based on mutual understanding(with effort from women cell), it was decided to handover the ishtridhan to her and we both live in rented house. my parents handed over all ishtridhan and took the receiving & Signature on the Ishtridhan list from her & her family. That ishtridhan items then shifted to the rented house. Then from first day, my wife took the keys with her and living with her parents since then.
(The rented house has INTERNAL door locks which are fitted by landlord itself). landlord handed over the keys to my wife in my absence.
Rent agreement was made between me(my name) and landlord. I paid the rent on time till the agreement duration of 11 months, Even though nobody(me & wife) lived there & premises was closed as keys was taken by wife. Then i stopped payment of rent as rent agreement was over.
5 months after rent agreement expiration(Expired on July 2014), landlord filled this case for rent payment and Evacuation in Dec 2014. Only I was made the party as tenant and not my wife.
On following points, seeking advice from our esteemed experts & lawyers. Please help.
1) This case is in lower court of district(to rent controller). the court has done rent accessment & ordered to pay the rent calculated based on 25% hike on the Rent amount specified in rent agreement. 12K in rent agreement & rent accessed at rate 15K. Can I appeal/challenge this order in higher court of district(or which court)??? As the rent accessed on 25% hike but normally 10% is increased for next year. I am not able to pay that much amount. But okay with rent accessed at 10% hike. Please guide. the case is not closed & further to decide on evacuation.
2) As keys(INTERNAL door locks of landllord) are with my wife and premises is closed, and Ishtridhan items are placed there, Am I legally abide to pay rent??
3) What is the way to vacate the premises as I am not in condition to pay rent? Considering that ishtridhan is placed in the premises. If I vacate, what implication i may face from wife?? She dont want to continue this relation and has intention to make money. and I also want to end this chapter.
Please advice.
Regards, H Patel
R.K Nanda
(Expert) 07 August 2016
Query too long .
Rajendra K Goyal
(Expert) 07 August 2016
Show full case file to local lawyer and discuss in detail.
H Patel
(Querist) 07 August 2016
I am little bit frustrated. I will be highly Obliged to experts for the response of 3points above. Query is long for explaining the situation.
Please kindly advice.
Many Thanks!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 August 2016
Since rent case if filed against you so you have legal possession.
It is better you vacate the house and matter will remain only for pending rent.
H Patel
(Querist) 07 August 2016
thanks Defense sir, for the reply.
I want to clarify below things as i am not clear about that.
1. As ishtridhan is placed in the premises. If I vacate, what implication i may face from wife??
2. what is the legal way to vacate? Vacating it by giving complaint to Magistrate will help me?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 August 2016
JO DAR GAYA WO MAR GAYA.
It does not mean you should do illegal things.
It is simple that you are in legal possession so without inviting attention you can vacate.
Regarding Streedhan you already have receipts and all details in it so after shifting you can send notice to your wife to collect it from new place.
J.PRAVEEN KUMAR
(Expert) 07 August 2016
Instead of paying rent to locked premises, shift it to much cheaper room or your house, and intimate the same to your wife through Registered postpost. Come out of rent control case and try to resolve family dispute.. Good luck
adv.bharat @ PUNE
(Expert) 07 August 2016
Show full case file to local lawyer and discuss in detail.
H Patel
(Querist) 08 August 2016
Thanks experts for the advice, Defense & Praveen sir.
I am looking to vacate the premises via court. Please advice & Briefly tell the way to vacate it via Magistrate. I dont know how to do this, where to give the application.
Many Thanks!
Hemant Agarwal
(Expert) 08 August 2016
For "H Patel" :
1. Seems you are conned-cheated by your wife, more specifically when you say the following:
==== quote
.... my parents handed over all ishtridhan and took the receiving & Signature on the Ishtridhan list from her & her family. That ishtridhan items then shifted to the rented house. Then from first day, my wife took the keys with her and living with her parents since then.
==== unquote
2. The above is a very old trick and a umpteen time "repeated trick" and you are so gullible that you have fallen for it. ONLY a "perfect fool" will think that the "ishtridhan" is still inside the "rented house with INTERNAL door locks".
3. Your wife has taken ALL the "ishtridhan" with her and you are living in a "make-believe and hallucinated" world which is created by your wife. There is no "ishtridhan" inside the "rented house with INTERNAL door locks". AND that is the precise reason your "wife" never bothered to return, to even look at the locked ishtridhan. Perfect con trick, played on you.
4. NOW LEGALLY, "since" you have the receipt of "receiving & Signature on the Ishtridhan list from her & her family". SO LEGALLY YOU NEED NOT WORRY, on any front. Your wife CANNOT "legally" claim any claims (including the ishtridhan) from you or your family.
5. You are the lawful tenant. Break open the door, throw out all the belongings, pay the outstanding rent and hand over the house back to the tenant. PERIOD. This is legally safe enough, for all legal purposes. Forget the con-woman and move ahead. Not worth it, in any given scenario.
6. DO NOT involve the con-woman (wife) or the Land-Lord, ELSE you will be legally embroiled for life and you will be compelled to pay rent all your life for something that is non-existing. Let the con-woman (wife), file any proceedings before any court. It will be defeated simply because you are having receipt of the returned ishtridhan.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
H Patel
(Querist) 31 August 2016
Thank you Hemant Agarwal sir for detailed response and other experts also who have replied to my query.
H Patel
(Querist) 31 August 2016
As a follow up query -
I have submitted an application in same Rent Case Stating that - to give possession of premise to the Landlord. Sending notice to my wife for taking the articles and alternatively, transfer all the articles in police custody after making inventory.
My Question is - Can I ask the court to give the permission of videography. so that I submit one copy in court and keeping one copy with me??
