Roopa Mukherjee (Software Engineer) 10 September 2014

Urgent advise needed

Hi,

I am staying with my Paying Guest Owner(Mrs. X).Only me and she is statying.We are staying in a rented house,where i am paying her PG rent.She is seperated from her husband.and her husband is paying the actual house rent to the actual owners who are staying in U.S.And he is staying in front of our house in a seperate house.

2 years back,Mrs. X's husband have filed for divorce in family court and high court.Both the cases he have lost.Judge have dismissed the case(Mrs. X have won the case).Judge given statement that she can go and stay with her husband.But,Mrs. X husbnad is not willing to stay with her.

Now,in the mean time,the actual owners who were staying in the U.S they are coming from U.S and they are threatening me and Mrs. X to vaccate the house otherwise they will come with police and some people and they will break the house(they want to rennovate the house).

But Mrs. X is saying that until and unless my husband provide me any shelter/or portion from the property i will not vaccate.And Mrs. X's husband is telling i will not give her anything and i will not let her allow to come inside the home also,only i will pay the rent of the house where my wife(Mrs. X) and that PG girl(me) is staying.

The actual owners can come any time and break teh house and start throwing our things.We dont have any documents(rental agreement) with us,because we are just staying, rent is paying by Mrs. X's husband.He have all the document and he will never help us.He want us to vaccate so that his way can be clear.

Please help, what me and Mrs. X (PG owner) can do in this case?

We both dont want to leave the house.

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3 Replies

Jimmy (Manager) 10 September 2014

Nobody can throw you out of possession without due course of law. If you have possession, approach the police and inform them of the threat. Make sure that one of you stay home at all times, when possible. Show proof of possession over a long time. Have all this ready when husband comes threatening. Husband has support from landlord so Court case may not end up in wife's favour so you need to look elsewhere for another accommodation and let wife and husband fight it out after that. Do not tell police that you are PG. Tell that you are a friend or distant-relative of wife. Rent agreement of husband may not allow further sub-renting or PG.

Adv. Chandrasekhar (Advocate) 10 September 2014

For immediate relief, Mrs. X can go to the court seeking permanent injunction along with interim temporary injunction relief against the land lords as well as her husband (he also becomes defendant in this case) that she shall not be dispossessed without due process of law. But it is a temporary relief. You agree, that land lord has got a right to get possession of his property for his bonafide personal usage. Once he files the case in appropriate court for vacating Mrs. X after the case is over, she along with you has to vacate.Mrs. X and you cannot say that you people are not willing to vacate. The husband's proposition is also quite reasonable that he would be willing to pay the rent if Mrs. X would take some other place to stay. Even though he is neither legally nor morally bound to bother about you, he is even saying that he would allow you to stay with her in the place, where he would pay the rent.

(Guest)

Ha ha ha...

What was the need for you to get into all this?

People lead life, its very difficult these days to lead a normal life. and yet You are embroiled in some other person's messy married life? Why? I do not find any sane reason in your query that you have no other choice but to join this woman.

Its wise to vacate such premises and join some other PG center, lots of PG centers are there all over India, and you can choose any such PG center and join there.

Its wise not to get embroiled into some other's married life. Trust me on this, its a headache and you wont gain anything from it.

Stay away from that owner aunty of the PG and pass on a link of the above replies to owner aunty and let her handle her messy all by herself.