Tenant landlord dispute
Shivam
(Querist) 27 March 2012
This query is : Resolved
We are a tenant and carrying our business in a tenanted shop from 40 years.we have an agreement with our landlord stating all necessary conditions till we acquired shop a and presently paying rent of 2500Rs month.Now our landlord has filled a case for eviction on grounds of personal needs.Although they have numerous properties in town.Beside our Shop two more Shops are rented by landlord in Same market and three Shops are still Vacant and agreement which i have mentioned above is registered and his mother(Which has died) have clearly Stated in agreement that Tenant will pay rent to my oldest Son.
Raj Kumar Makkad
(Expert) 27 March 2012
You shall have to prove on court file that the landlord is not in need of the shop as he is already having 2 vacant shops and he also possess various other shops on rent. If you successfully prove having no need with the landlord, his sole plea shall not be accepted by rent controller and its benefit shall go in your favour.
M V Gupta
(Expert) 28 March 2012
First of all the burden of proving the need for the Premises lies on the Plaintiff (Land Lord). U as the tenant (defendant) can rebut the evidence produced by the Plaintiff by producing evidence to the contrary. For this purpose u can produce oral as well as documentary evidence of the various shops owned or possessed by the Land lord.
H. S. Thukral
(Expert) 28 March 2012
In most of the rent laws ( state subject) there is a summary procedure for eviction of a tenant in case landlord requires the premises for his bonafide need and he does not have alternate suitable accommodation. When a petition is filed by the landlord the tenant has to file an application for leave to defend like order XXXVII in CPC. The onus is upon the tenant to prove by disclosing such facts which would dis entitle the landlord to get immediate eviction orders.
I would like to know in which state you are located for further course of action.
Shivam
(Querist) 05 September 2013
Sir,Witnesses are going on in our case last time landlord witnesses has held.We have provided copy of Decree passed by honble court in year 1984 for evicting tenant in his favour(land lord and in the same name) which is still lying vacant with the landlord .We have also provided some photographs of landlord sitting in that same shop.Moreover one of witness has refused to come as witness (which belongs to same market)and there is only one witness.So i want to know that whether it will make our side strong or not.
