Legal Question in Landlord & Tenant Law in India

CASE HISTORY

We are living in one part of a building as a tenant since 1969 .this building is totally used as tenant purpose and except us there are more three tenants in this building . we had good relationship with our landlord since 1969 to 2003 . but unfortunately our present landlord died on 13.09.2003 living his entire property without any legal heir. In this connection it is very much necessary to say that our deceased landlord has divorced his wife before about 20 years with one son and one daughter. And after divorce his wife , son and daughter were living at kolkata and they have no relation with our landlord till his death and even in the cremation none of them were present . in this connection it is necessary to say that we have paid a advance rent of 7 months upto December 2003. so, after his death we have not think about paying monthly rent till December 2003. but from January as a sincere tenant we began to search for the next legal heirs for payment of further rents but we could not get succeed.

All of a sudden in the month of june 2004 we have received a letter dated 27/05/2004 from the said son and daughter alongwith a notarised power of attorney in favour of one of the tenant of our building and instructed us to pay the arrear and coming rents to the said power of attorney holder failing which legal action will be taken against us.

Being surprised to receive such letter alongwith the power of attorney we could not decide at once what to do. Then to inquiring the matter we sent a letter to the executants of power of attorney in the address mentioned in their letter i.e Dam dam Road, Kolkata, but unfortunately the sent letter returned back marking incomplete address. Being disappointed we have sent money order to the addresses given in the letter but unfortunately they also returned back. On 13/07/2004 the said power of attorney holder instituted a title eviction suit on us in favour of the said son & daughter blaiming us that we are defaulter since January 2004.

In our written statement our advocate stated that as aligned we are not default because after the death of our landlord on 13.09.2003 since then to 27.05.2004 we have not received any reciprocation from any legal heirs regarding the deposit of monthly rent . and our lawyer also claimed that the said power of attorney is false it is being created by the attorney holder because the said daughter and son of the land lord did not visited us or demand rent from us, and our letter and money order also returned back due to incomplete address , and more the power of attorney is notarized and not registered. In our written statement our lawyer admitted the said son and daughter to give them monthly rent if they want so but denied to give the same to such a false power of attorney holder. Our doubt got stronger when one of the witness of the said POA denied that the said document was signed in his presence and he declared the same through an affidavit . Our lawyer gave a petition to the court to present the so, called daughter and son to the court but unfortunately our lawyer was not faithful and without any argument on the petition the court rejected the petition saying that the court is not bound to present the executants to prove the authenticity of the documents.

Afterwards the judgement Announced on 5th of January 2012 and we have declared as defaulter of rents for more then two months and a decree of eviction passed in favor of the plaintiffs.

After the judgement we appealed in the district court. We filed a petition for production of some evidences which couldnot be produced in the lower court. But the district judge dismissed the petition . we send the petition for revision in the high court which is allowed by high court of ranchi and allowed to produce the additional evidences on appellate stage. Now the appeal is on process.

Now I want your help in this regard and want to know that is there any other way to challenge the authenticity of the said Power of attorney which is suspicious. And I also need your valuable advise in this appeal also.

Thanking you

Yours truly

T.K.Choudhury.


Asked on 3/11/13, 12:17 am

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Engage a lawyer as it is unprofessional to advice on a inadequate information............Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 3/11/13, 2:42 am
Fca Prashant Chavan Expert Edge LLP

11.03.2013

Dear T K Choudhury,

(Amlapara Jharia, Dhanbad, Jharkhand)

You should file a writ petition stating the facts that you have been regularly paying the rent to the landlord for so many years since 1969 and that the legal heirs of the landlord did not come forward to claim the rent after the landlord's death, in which event, you as the tenant had no intimation of the name of the legal heir to whom the rents for the months after the demise of the landlord were to be paid to.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/11/13, 6:52 am
Jayesh Desai Jayesh Desai

One needs to examine all the papers before giving any advise.

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Answered on 3/12/13, 9:36 am


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