Legal Question in Landlord & Tenant Law in India

tenancy laws in rajasthan

Sir, we have purchased a property in Jodhpur, Rajasthan in yr. 1987. A portion comprises of one room, kitchen, bathroom was rented to a family since 1969 and various cases for eviction were running between the landlord and tenent

rent Rs. 35 p.month

The plea of the case:

1. defaulter

2. deny of title

but sir, the defaulter point was rejected in one of the case though the tenent have deposited the sum in some other court.

During the pendency of case the tenent has mischievously become trepassor and breaking locks of three other rooms behind the portion in his tenency and hold these rooms. Our advocate by mistake doesnot filed in any other case for this .

My question is :

1. Whether we can win case on the point of this mischieve of tenent.

2. Whether application of this mischief can be plea to the already running case. The mischief is 20 yrs. old

3. Whether we should file another case

4. whether any law is there for fast redressal of court

5. What are rent tribunals


Asked on 8/04/07, 11:46 pm

4 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: tenancy laws in rajasthan

make them fresh issues which are old and have not been raised before.

i can not predict anything else without going thro papers

For further and detailed advice please consult personally with documents. Consultation charges will apply.

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Answered on 8/12/07, 3:32 am
rajeshwar sharma rajeshwarnathsharma

Re: tenancy laws in rajasthan

This all depends upon the fact and circumstances.

There is no bar for filing the application.

You may include the act of mischief of the tenant in the pending case.

You will be looser if you now will file case of possession. For further query contact me

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Answered on 8/05/07, 6:31 am

Re: tenancy laws in rajasthan

Rent tribunal is an appellate authority.As for you problen is concerned you have to file suit for possession,damages and Injunction in regard to tresspass portion by tenant which was not in his tenancy and you can also make police complaint before filing of said suit.

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Answered on 8/05/07, 12:40 pm
Alok Sharma Alok Sharma & Associates

Re: tenancy laws in rajasthan

In the three rooms subsequently occupied by him, he is treaspasser. A fresh suit for recovery of possession should be filed, but i am afraid it may be barred by limitation. Your papers require examination only then some definite opinion can be given.

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Answered on 8/05/07, 12:05 am


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