There was a agreement to lease the property in MG Road Ghitorni, there was a rent agreement unregistered in 50Rss, stamp paper in feb 2009 to jan 2010 at RS. 15,000 per month, further in a seperate A4 paper it was signed that rent is 57,000 .... now in feb 2010 same has been extented and in rent agreement it shows rate at 16,000 per month in 50 RS stamp paper and again in A4 paper it was signed that rent is 72,000 per month , Further since september 2010 lanlord asked to construct the house and told the tenant to vacate the premises for 15 days, acoordingly tenant did that, after 15 days landlord asked more time to construct the house including 2 floors and asked to vacate permananently but tenant said he want to continue when the construction is over and tenant paid Rs, 40,000 per month till jan 2011 i.e. 5 months when construction is over another rent agreement unregistered in stamp paer 50 made and it was written rent 40,000/- but in seperate paper A4 it was signed as 92,000/-
rent of feb paid but when tenant asked to adjust that amount what tenant paid when the house is vacated at Rs 40,000 till the construction is over in feb total 2 lacs, landlord refuses to adjust and said there is no written contract about it and he will not adjust
further while construction of landlord house lower area which was leases to tenant was totally damaged, tenant spent some 8 - 9 lacs for reconstruction to make it proper working as it was earlier that too landlord refuses to adjust not even 50% of total amount
Landlord then file suit of ejectment and tenant volutarily left the premises in dec 2011 but not paid the rent from march 2011 to dec 2011 ...which was according to rent agreement 40,000 but there was seperate A4 paper which signed and said rent is 92,0000
now tenant filled the counter claim of 2 lacs rs + ammount which he invested to make shop in proper condition as it was before landlord constructing the house
total of 12 lacs claim
there is everything in oral, landlord not even use to gv any recipt of rent.
is there any chance that tenant claim subsits, is there any citation regarding it,
