Legal Question in Landlord & Tenant Law in India
Frivolous rent case in chandigarh
I am caught in a embrassing position.My rent dispute case is pending in district courts,chandigarh for the last more than 2 years.The landlord had filed fraud suit on me under section 106 of transfer of property act,as per chandigarh rent notification dt.7.11.2002,in which the protection of rent act is exempted for monthly rent more than rs.1500/- p/m.I had defended the case by exhibiting solitary receipt given by landlord showing monthly rent as rs.1000/- p.M.But the lanlord has claimed rent at the rate of rs.4000/- p.M. For the last two years.The landlord was a senior citizen and expired on october,2005.He has no agreement proof with me.The landlady,also a senior citizen is yet to be impleaded lr of the deceased.I sent her 3 regular money orders at rare of rs.1000/-p.M..,which she refused to accept.Moreover,the lanlady and her nri family members have been booked under section 107/150 of cr.P.C.By chandigarh police for threatening me to evict the house.Now these nri's have run away and the lanlady,also an nri and senior citizen is harrassing me a lot.The judge is giving short dates,which is causing me financial, mental harrassment.Please help me what to do now.How to get justice as fraud lanlords who are abusing process of law.
1 Answer from Attorneys
Re: Frivolous rent case in chandigarh
In your case you have not disclosed as to how the case filed by landlord is false.since the rent receipt is of Rs.1000/-duly issued by land lord hence you can proof the same by producing the original receipt and other witnesses to show that receipt was issued by him and once you shall succeeded in proving this fact the case shall be out of the ambit of rent control act.Alternatively you can move application u/order 7 rule 11cpc challenging the maintainbility of the eviction petion and can challenge the order of trial court in revesion petition.Other harrasement caused by landlord can only be contested and for that purpose the complaints etc. is to be seen and only then I can advise you.Date in court can be managed.In case of other quiry you may contact me on 09873343288 or e-mail:[email protected]
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