Legal Question in Landlord & Tenant Law in India

eviction case in chandigarh

I am bonafide tenant in chandigarh.The landlord filed rent eviction case in may,2004 against me for non-payment of rent from 01.06.2006 at the rate of rs.4000/-p.M.Under the section 106 of transfer of property act and chandigarh rent notification ,2002 in which the tenants can be evicted whose rent is more than rs.1500/-p.M.I contested the case and with the help of solitary receipt ,prayed that the rent is rs.1000/-p.M. And the case comes under east punjab rent restriction act,1949 and the case filed is liable to be dismissed as it has no written agreement and no proof of rate of rent as rs.4000/- p.M.In the meantime,the landlord expired in the first week of oct.,2005 and i informed the court to abate the case.The next date of hearing was 04-02-2006.No l.R. Has beed impleaded on record till date.Also,the rent notification of chandigarh,2002 which was earlier stayed by hon'ble supreme court has been vacated and the date of judgement is 14-02-2006.My next date of hearing in the chandigarh court is 20-02-2006.The opposite counsl is telling the court to struck-off my defence due to this situation.I had already sent rent at rate of rs.1000/-p.M. To wife of the deceased for the period of nov.,dec.,2005,jan.,2006 but she refused them .

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