Deepak (Software Professional) 07 May 2011

Please Advice

We 2 friends are having a flat in Noida on rent. There is no written agreement for that. Landlord took a huge amount from us cash and was getting monthly rent as cash only.

Problem happens when at sudden our Landlord asked society guards to not to allow as in the flat on some date aug 2010. We came back from office and guards were not allowing us to enter in the society. We called on 100 and PCR came in and there was a drama for more than 5 hours. We went to Police station and there Police Inspector frighten us to vacate the house in only 3 days otherwise they would do some things bad.

We hired a lawyer "XYZ" and filed a case against landlord(how he could forcefully evict us) and stopped paying the rent. After that Landlord issued a notice to us(that we were not paying rent and should vacate his property). After 1 month of issuing notice Landlord filed a case against us to vacate his house and pay the rent to him from very starting. He stated that we never paid him rent(we dont have any proof of paying rent becuase we were paying cash). We handed this case to lawyer "XYZ".

We paid to "XYZ" for several times. In Feb we got a court decision that we had to vacate the house and pay all the rent to Landlord. We found that the Lawyer "XYZ" never went to appear in court for the case Ladlord filed against us. We hired a new Lawyer "ABC" and he filed a appeal against this court decision.

Now judge in court is saying that he would give us stay in landlord case if and only if we would pay all the rent 128000 in court. Now it is a big amount and we cannot pay this amount. And if we are not paying this amount the decision will be against us that we will have to pay the rent and we will have to vacate the house. After this decision will come what we will happen? Will Court evict us forcifully? What if will not pay the due amount? And court never listened to us and only intersted listening to us if we pay 128000. We dont have to vacate the house. But we have problems in paying the money after the house is vacated. I am a confused man these days. Experts please help me.

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1 Replies

Om Prakash Dhusia (HR assistant) 07 May 2011

Dear Deepak: first thing first in chronogical order:

a) Nothing comes FREE except the air to breathe though this has also become contaminated othrwise one has to pay for each and every thing, so how you could expect that some body will come to your rescue free of cost?

b) No matter LCI platform is a volunteer service but only for the people like us who could offer free suggestions because we are a simple human beings and not specialised in such profession.

c) If you could not show any evidence to prove payment of rent then court was right to issue eviction orders.

d) It is equally strange as for the judge to deposit such a big amount, a condition to grant stay, because if that be so then what STAY is for because stay is always for the lower court's order.

e) Since these cases are of civil in nature so one has to hire a lawyer as required by law but it is you who has to keep track of the case and how it were so that you kept a blind eye on your lawyer whereas in such cases palm greasing is the factor to decide case and you being the weak and meek party had to suffer,

f) Has this judge issued you any order in writing to deposit that big amount before granting the stay?

g) If not then ask the court to issue the order for conditional stay and approach District Judge with that order and pray for relief.This judge has proven to be biased.Because whatever would be the conclusion at later stage, presently you have already lost the case.

i have full sympathy with you but what could be done in this cruel world.