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Rahul (CEO)     26 August 2012

Tenant challenging registered rent agreement & dyeing title

Hello Respected Lawyers We have filed a case against tenant for eviction under 106 for not paying rent A tenant Denying landlord title and misleading court by claiming registered rent agreement or lease deed obtain through fraud and he cannot confirm the content of the deed as he is an illiterate and do not understand the English language ( btw he is running chemist shop in our premises without valid license ;)) Moreover rent that he was paying through check now mentioning those payment as installment for the property he “bought” 2 yrs ago from us and not rented . Now this baseless oral accusation would stand in the court of law? 1. We have submitted 2 registered rent agreement ie from 2010-2011 and from 2011-2102 and property paper I would not be worried about it as I understand there is a section 116 applies here and this gives us another ground for eviction but the issue is property In question is lavatory space attached to our shop in double story building. And we got the possession of this lavatory space with the shop that we bought 30 yrs ago and all these year our position was open continuous and hostile can we call it a adverse possession? . In Paper property in question mentioned as a common undivided area to be used by all the resident of the building. Now can tenant dispute our rent agreement and claiming title of his as he knows we have a defective title? And can court still stopple against tenant. Even if there is strong prima facie evidence of landlord tenant relationship ( 2 eleven month registered rent agreements and few bounced cheques that he paid for rent ). tantent has no evidence to claim tittle he just accusing us of fraud to convert this case to civil case to delay the process and to avoid eviction under 106 Can court take is a title dispute and not landlord tenant dispute? Just because our title is defective. And we got this property through adverse possession over 30 yrs ago? Regards



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 August 2012

Rahul Hi,

1. Denial of title of the landlord results into forfeiture of the lease and renders his possession unlawful.

2. These days eviction cases are summed up really fast.

3. An oral allegation of having purchased the property and extended advance won't stand, the registered lease agreement would govern, after expiry of which, or when the same is defaulted - eviction can be sought.

4. The part where you talk about how you got the title is really unclear. After you perfected your title by adverse possession, did you seek a declaration from the court. The Court has to adjudicate for one to acquire title by adverse possession/prescripttion.

5. However having said that, your title is still better than the tenant as he cannot question your title having once accepted you to be the owner/landlord by his lease agreement. Estoppel u/s 115-117 works in your favour.

 

In light of complicated questions involved. Consult your local lawyer with entire files/facts and cirucmstances.

 

Regards,

 

Adv. Bharat Chugh

1 Like

Rahul (CEO)     31 August 2012

Thanks ADV. Bharat  for valuable advice and appreciate your help.

will get in touch with local laywer soon !

 

Best Regards

Rahul

 

 


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