Legal Question in Real Estate Law in India
I live in a house taken on rent by my father in his name. He lives with my brother i.e. his son, who owns house. My father has no residential property in
his name. I have been paying rent to old landlord by cash. New landlord is a pvt. ltd. co. having 2 NRI directors out of 3. I don't know whether they are
required to take RBI pemissin before or after buying this propety, and wether they have taen it or not. I have paid all rents from Nov. 01 till date i.e. 94
months by cheque from my savings a/c .1st holder is me. 2nd my husband and 3rd my father. Landlord has filed two cases against my father i.e. their tanent.
I am given PoA by my father for fighting any case and for getting this house transferred in my name before 1 year of filing these suits. One is under sec. 16(i) against all tanents.Another because we don't live there for last few years.
They have not issued any Rent Receipts to me till date. They regularly issue Rent Bills. Can I sue landlord for not issuing rent receipts and can I demand fine from him ?
(1) What is fine? He has not issued rent receipts from day 1(1/11/2001) i.e. 2860 days. 2860 x 100 = Rs.286000
(2)OR is it receipt wise? i.e. First receipt not issed for 2830 days, so,2830 X 100 = 283000 PLUS 2nd receipt not issed for 2800 days,so, 2800 X 100 =
280000 PLUS .......... so on upto 94 rceipts. This may total upto more than Rs.One crore.
(3) How much can I demand as fine? And What will be court fee if I demand Rs.2,83,000 OR Rs.1,00,00,000 ?
(4) Can I plea for " Landlord should not be allowed to sell this proerty till he issues rent receipts to me along with fine."?
(5) Ladlord has issued 7 Rent Bills of different months in different years having same Bill No.. Can he be held resposible for that?
(6) Can I request court to direct landlord to transfer the future rent receipts in my name because the PoA allows me to do that?
(7) One tanent left due to suits. Landlord purchased Tanency Rights.Can he do so as they are NRI's? It seems that they have given that house on rent to someperson. They have not filed case against him. But under section 16(i), he has to file suit against all tanents. Can we tell court to dispose off case on this basis?
2 Answers from Attorneys
yes, you can ask the court to dispose off the case and file an application for dismissing the petition as no cause of action made out.
Too many facts & queries. Consult your lawyer.
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