Legal Question in Landlord & Tenant Law in India

I am an employee of NTPC Ltd., Tanda Thermal Power Station, Distt. Ambedkar Nagar. I purchased a front portion partially completed house No. 570/093/11Ka, at Kasimpur Pakri Opp. Baudh Vihar Shanti Upavan Park Main Gate, Thana � Ashiana, Lucknow in April 2004 by taking home loan from ICICI Bank. Through lease agreement dated 01.09.2011, I rented the house @ Rs. 5000/- p.m. for 11 month to Daya Ram, Anusevaka, Identity Card Sl.No. 00100, UP Govt. Secretariat Service, the lease agreement expired on 31st Aug. 2012. On the request of tenant that his own house will be ready in a year, I extended the lease agreement for another 11 month @ Rs. 5500/- p.m. which expird on 31st Aug. 2013.

I wanted to shift my family in my own house for marriage of my daughters and son as I am living in Company Accommodation out of Lucknow, so I started construction work in the back portion of said house on vacant land of about 700 sq. feet in Feb. 2013, , which was completed in April 2013. I requested the tenant to vacate my front semi finished portion house for its completion also so that I can shift my family in the entire house. The Tenant requested time for completion of his own house and shifting in the same by writing on agreement paper that he will vacate the rented house by 30th June 2014. I gave him time upto June 2014 by signing a fresh Lease Agreement on 1st Dec. 2013 @ Rs. 6000/- p.m. rent for 7 month which will expire on 30th June 2014.

To our surprise, on 28th Nov 2013, the Tenant managed a Stay on Eviction from my house from civil court (Sr. division) Lucknow. This matter came to my knowledge only after receiving notice after one month. The tenant has oathfully submitted an affidavit in the court that he has been continuously paying rent in my bank account but bank statement is a proof that shows he has not paid rent for the months of Feb, March, April, May, Aug. Sept. Oct. 2013, and has stopped paying rent from January, 2014. He has also not paid Electricity Bill after October, 2013.

Daya Ram is daily drinker and has flouted several terms & conditions of Lease agreement and creates daily nuisance after drinking due to which I and my family feels insecure in living in my own house. There are seven adult members in his family, three of them are UP Government employees. Daya Ram has conspirary and ill design in mind to live in my house without paying rent and electricity charges and wants to implicate us in fabricated false cases. He has threatened to implicate us in false criminal cases with his lady family members and in SC/ST Act. I have already submitted an application dated 11.01.2014 with Thana Asiana, Lucknow (copy enclosed) in this regard to.

Due to all these threats my family is not ready to shift in my own house. So I rented the same to Mr. Mukesh Sharma, for the safety of my newly constructed back portion to avoid his entry in back portion. Having conspiracy in mind to falsly implicate to Shri Mukesh Sharma , on 5th Feb. 2014 at about 11.30 pm, Daya Ram phoned to PCR on without any intimation to Shri Sharma, two PCR van came, entered and searched in my back portion house. Shri Sharma was very socked and frightened due to which he has vacated my back portion house and is not ready to live there.

With regards,

1 Answer from Attorneys

Related Questions & Answers

More Landlord & Tenants questions and answers in India

Looking for something else?