Legal Question in Landlord & Tenant Law in India

Rent petition in chandigarh

The landlady(senior citizen) has filed petition against me for eviction on account of non-payment of rent,personal necessity and nuisance.She has no rent agreement and claiming rent at rs.4000/- p.M. W.E.F. 01-06-2002. I had rent receipt given by deceased landlord died (on 29-09-2005) showing the rate of rent as rs.1000/-p.M. Issued on dt. 04-11-2002.I had tendered excess rent on the basis of rent receipt in the hon'ble court,chandigarh on 12-03-2007 as per provisional rent assessment under section 13 of east punjab rent restriction act,1949.Actually,the landlady is nri and living alone in the said house and she wants my eviction on the basis of personal necessity that her son and daughters,all nri's of usa visit to stay in india.Infact,there is one more house of landlady's nri daughter in mohali(punjab) and sufficient agricultural land and property in punjab.Also,many criminal cases are pending against the family members,including terrorist cases.Advice me how to break her personal necessity and prevent the landlady to abuse the process of law.She is still taking active steps to disposess me by criminal activities.Please help me as her cross-examination to her evidence is near.Her counsel deceived the court by dis-honest means.


Asked on 7/27/07, 12:09 pm

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Rent petition in chandigarh

first of all she can claim rent of only three years.

secondly that rent reciept would help you.

third you have to prove that she has other accomodations.

For detailed and further advice please contact in person. Consultation charges will apply.

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Answered on 7/30/07, 9:40 am
Alok Sharma Alok Sharma & Associates

Re: Rent petition in chandigarh

no question of law involved. All facts requiring trial. No action of landlady seems abuse of process of law to me .The house owned by her daughter has no relavance to your case. You have golden opportunity of smashing her

as she is yet to be cross-examined. She is taking legal recourse, while you also have services of lawyer. Best of luck.

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Answered on 7/27/07, 12:34 pm

Re: Rent petition in chandigarh

House of daughter does not mean that lady has her own house or alternative house.your contention is based on facts.rest depends upon your lawyer's capability to cross examine the lady.

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Answered on 7/27/07, 12:59 pm


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