mahendra sharma (medical officer) 23 August 2009

tenant problem

Hello

I am a doctor and both my parents are retired class one officers. The thing is we had rented our house in panchkula to a family who used to be tenants in our house on 1^st floor. We then made a new house and thinking that they are good people asked them if they want o shift to our new house. We even kept the rent almost half of the market rate. This happened in 1998.

In 2008 july we asked our tenant that we need the house so please tell us when u will vacate. He told us that he’ll vacate it in april 2009 as he needs time and also as at that time his kids will get over with the exams. We agreed as we had cordial relations. In april he asked more time giving one reason or other. In july we went again to him and he said that he can’t vacate this house as he has many other things to do. This all was happening as he was giving just 3400 as rent and the market rate was more than rs 6500. In august he sent us a money order of rent, sensing some trouble, as he used to come personally for giving rent, we sent him a notice asking him to vacate the house. After a week we received summons, as he had done a case on my mother and myself saying that we took 160000 from him, for constructing the house in which he is staying. He also alleged that i had threatened his wife and kids when he was away.

I want to bring some thing to your notice that: -

1^st. We never gave him any receipts for the rent he was paying. So when we had sent him the notice, we also wrote that he hasn’t paid any rent since 2005.

2^nd. For the money which he alleges that he had paid rs 160000, he has no receipt stating that we took money from him. And u think urself, will a family who has three houses, of couple whom both are class one officers, will take160000 from their tenant.

Please suggest what should we do and wat are the prospective of the case.

thanks

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1 Replies

Kiran Kumar (Lawyer) 23 August 2009

Sharma Ji,

you need not to worry out of all this, the whole set of burden is upon him to prove the fact that he gave you the money...u ve not mentioned the nature of suit he has filed against your family members.

even courts understand such tricks being played by tenants.

since he will not be in a position to prove the case, you can later prosecute him for malacious prosecution.

make out some ground for your personal necessasity so that some ejectment petition can be filed against him under the Rent Act.

u can file eviction petition on the ground of non-payment of rent as you allege, since there is no reciept or tenancy agreement, he will be in trouble to shell out money as to be directed by the Rent Controller.

i can understand there is a of harrasment to you, but ultimately he will suffer.