Legal Question in Civil Litigation in India

Sir Please solve my problem. I am a professional and my opponents is a habitual litigant and not allowing me to enjoy my rights. My facts are:

I have inherited one pucca house measuring 190 sq. yard and situated in lal dora urbanized village Azadpur. There were 7-8 tenants inducted by my father and subsequently my elder brother inducted another tenant in 1980 with my consent and my elder brother was my attorney without power of sale. In 1985 that tenant got a agreement to sale, will, a cash receipt registered before sub registrar Delhi in the name of wife and daughter of the tenant without my knowledge. The cash receipt did not mention any subject. The amount specified in the agreement to sale was not paid in full. My brother then served the notice to the tenant on behalf of my self as attorney and himself in the year of 2000 under DRC act asking to pay the rent.The tenant did not reply and after 30 days my elder brother has file a suit for eviction on the ground of 14(a) and J which is pending for disposal.Mean while the tenant has got the whole house evicted from other tenants and got the house restructured. His main defence in eviction petition is that I have purchased the house and admitted that i got the other tenants evicted after paying the amount also admitted that i got the house restructured.

Lastly the Honble Rent Controller has denied the right under 15 (1) & (2) and deferred the order on my application citing the reasons of alleged purchase of the house and denial of land lord tenant relationship by defendents.

Worth mentioning here that i have not sold off my share of this joint property nor given any no objection for the same.

All the rent receipt are issued by my elder brother since he was my elder brother.

In delhi if the land is in lal dora then there is no paper of the ownership of the house or land. It is only by possession.

1.Now my concern is what should i do for the rest of portion of the house which was got evicted from other tenants and is in possession of tenant against whom a eviction petition is pending.

2. Issue of ontensible owner.

3. issue of adverse possession.

Please advise me the appropriate line of legal action to safe guard my rights against the defendants.


Asked on 12/13/10, 1:07 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the eviction is decreed in your favour, you can take the physical possession of the tenanted premises by moving execution petition in the court concerned. other issues are legal and will be decided by courts upon facts.

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Answered on 12/13/10, 1:22 am


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