Legal Question in Landlord & Tenant Law in India
Sir I want your advice on my case.. Our 1 shop was given to our aunt because she was widow.. And the high court order regarding this says that whenever she is dead the posession of that shop of immediately came under us.. Sir now she is dead and the case is that the shop was given to some person in 1970 to some person then he vacate and that tenant handed over to another person he has taken security deposit from him.and some amount of security deposit was given to my landlord (aunt).. And reciept fee also she got.. Then in 2007 that guy does that same thing and give that shop to another guy..now after she was dead (my aunt) the tenant is saying that you have to give me 150000 rs. To vacate this shop.. We are ready to give but only on one condition is that to show us the proof that he has given this amount to our aunt as security deposit..but he said he doesnt have any written document but he can bring people who can be the witness.. Now what we can do? What law says?
1 Answer from Attorneys
1) Only written proof required.
2) Any other corroborating evidence may be examined.
3) No oral witnesses. Otherwise not tenable.
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