LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Quest (Ac)     08 April 2018

Landlord asking rent differece after eviction and he sold it

We were tenant in a premises for more the 25 years and renewed the rent agreement every 2 year with regular increase in rent. A person who bought the premises disagree to renew the agreement and filed eviction and fair rent at a time. His motto was resell the premises for higher price. Even-though we provided enough proof to our lawyers they didn’t execute it properly. So we lost RCOP and RCA. Fair rent case was in pending stage in madras high court. But as the person was very keen in selling the premises, he got eviction order stating that he want it for his own use by producing false proofs in high court on july 2016. We filed Special leave petition in supreme court as per our lawyer’s advise, but it was rejected in the first hearing on jan 2017. So we evict the premises on july 2017 as there is no other option. That person sold the premises in the same month july 2017. We were in a exhausted state so we not even claimed our rent advance given to the previous owners. But this person already filed a Orginal suit in Chennai city civil court complex in 2016 asking for difference in contractual rent and fair rent fixed by RCA judgement. As we evicted the premises we didn’t follow-up this case. Now after the sales (july 2017) he is proceeding the case. Now what should be done

1) Is he eligible to continue the fair rent case in high court and Orginal suit in Chennai city civil court complex as he sold the premises on 2017?

2) In the eviction case he stated that he need the premises for his own use but he sold it on the same year, Is he liable for any forgery case?

3) What should be done from ourside in this situation? OS status shows IA/EA pending and EVIDENCE, does it means it is going to be end soon? We are worried as this person is a criminal minded, he gives money to everyone and bend the law and earn money out of it.



Learning

 4 Replies

R.Ramachandran (Advocate)     08 April 2018

You say: A person who bought the premises disagree to renew the agreement and filed eviction and fair rent at a time. 

Please indicate period for which he was asking for fair rent?

What is the difference in amount /pm between Fair rent and agreed rent?

Whether 3 years are over from the time when you come to know that the old owner has sold the property to a new person?  (This required to know whether you still have time to demand return of the advance amount given by you to the old owner)

You will not be able to adjust the advance amount given to the old owner from the fresh owner.

 

Kumar Doab (FIN)     08 April 2018

If your previous lawyer(s) did not handle you case properly or colluded with OP make such Lawyer popular for good reasons..

There are many threads at LCI as well indicating Lawyers fleeced unsuspecting querists that approached lawyers from advertisements at online portals like LCI…

Online discussions are not a substitute to in person discussions with a very able counsel..for a considered opinion based on docs/record/inputs…

Kumar Doab (FIN)     08 April 2018

IT is felt that; claim of rent has not ended and that the legitimate owner can use the premises and sell.

The new owner may get order of payment of rent difference from court in ongoing litigation as well.

Your claim of refund of advance lies with old owner whom advance was paid.

IT shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters, having successful track record …..and worth his/her salt…

Make personal efforts LOCALLY and chose such counsel for current or any matter on your own…

Years of litigation must fetch basic wisdom to litigant.

Dhimant Shah   09 April 2018

I have rent shop from sociaty on live& license agreement from 42 year now today sociaty owner told increase rent so I wot to do

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register