SK Basha
Asked August 20, 2016

right of the tenant

  • 1 Answer
  • 55 Views

Sir, I have a house and rented three families. Ground floor made two portions and given for two families. Whole first floor to given one family old aged couple living since 2009 ,before their daughters used to be with them due some disputes in their in-laws house now they left, old people are alone now. The aged old women is very quarrel some and she is distant relative to me.She quarreled with both ground floor families and threatened them that she will made them to vacate. In 2015 old women did not paid rent for the month of august so i went on September asked for rent. She demanded me to vacate ground floor tenants and I refused and told if she has problem why herself to vacate then she got furious and told me she will not pay rent and she will not vacate until i made ground floor tenants get vacated. She told me if i come that side she will lodge false case in police station that i manhandled old people. Since one year i am not going that side afraid of that police and media will believe aged people. The old women applied for injection order saying that i use to take rent and sign on paper and keeping that paper with me.The actual rent was at the time (August 2015)of dispute 4,500 RS. She mentioned rent was 3000RS in injection order and i am rowdy .In fact I am engineer i was working in abroad until 2014.All the three tenants used to give rent in brother-in-law’s house. I also sent eviction letter in that reply i mentioned that her allegation are false i was not in India how can i take rent in her reply she mentioned she use to give to my wife and my wife also in abroad for 5 years. Eviction letter went to her around Jan 2016.After 3 months they replied to eviction they have paid all the rent upto the date of the their reply because owner did mutual agreement to withdrew both cases in lok adatalt but cheated after taking rent. Actually they sent a letter to give bank account to deposit rent, i replied to them if they pay 4,500 rs then only i will give account they did not respond. Till today they did not pay rent since August 2015. Both ground floor tenants supporting me and redy to come to court for the evidence. The quarrel women refused to share water bill with other tenants so they stopped water source to old women. When I asked other tenants they told me she is not she is not sharing water bill and also the old women intentionally leaving taps open to empty the tank. Since 2015 there is no hearing in the court for both the cases (injection order and eviction case) .I am afraid of damage to my house and I am unable to go to see my house. Kindly advise me what to do in this situation. Will I get all rent (already going to complete one year)after judgment. Is there other possible ways to evict the tenant legally that I want to repair and renovate my house. The monthly rental was my monthly home expenses that all also has become problem for my family. How to prove rent that that she was paying 4500rs .Ground floor construction 792 squrefeets and first floor construction 792 square feets.Both ground floor tenants paying 2800RS, 3200rs. Please advise me, your support highly appreciated in this regard.

Answer 1

Default avatar
Asmita Rakhecha

Each state in India is governed by its own tenancy laws. Hence the tenancy laws applicable to you will depend entirely upon the state in which such leased property is located. The question regarding the proof of, the amount of rent which the tenant was liable to pay to you each month, can be answered through the rental agreement which the landlord and tenant are required to enter into in order to lay down the terms and conditions of such tenancy, at the time when the property in question is to be leased. Absence of such rental agreement in any form can pose big problems for you in any problems arising out of such tenancy. As per the various Acts enacted in India regarding Tenancy laws, various circumstances have been mentioned under which a land owner may evict his tenant. However, as mentioned earlier, no concrete answer can be given to you regarding this until you mention the state in which your property is located.

Agree Comment 0 Agrees 12 months ago

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