Tenant in a Property from January,2021
8 months ago
1) My Wife(Sunita Gupta) became a tenant on 15th January,2021 in Dehradun(Uttrakhand).
2) She signature a 11 months agreement which expired on 14th December,2021.
3) Her landlord(Bijay Sharma) is working in a Bank at Lucknow(Uttarpradesh).
4) Her landlord authorised her wife(Rita Sharma) to collect the rent and issue the Rent receipts.
5) Landlord taken one month advance rent.
6) Every end of the month landlord brother collect the rent and sent that rent to Lucknow by bank tranfer etc...
7) But Rita Sharma never issued rent receipts month to month. She always sent the rent receipts some times for two months, some times for three months,some time for four month we have all the receipts with us.
8) In November, 2021 landlord extent the agreement for three(3) years upto 14th of December,2024.
9) On 17th of April, 2022 landlord sent a notice under section 106 mentioned that " Your tenancy agreement expired on 14th December,2021 and on the request of my wife(tenant) he had extent it for three months till 14th March, 2022, Arrear of Rent for 14 days from 1st March,2022 to 14th March, 2022.
10) Landlord also gave 30 days notice to vacate the house.
11) On 30th May 2022, landlord filed a eviction suit(SCC) Under Section 15.
12) We also filed Written Statement saying that landlord himself extent the tenancy for next three(3) years not for three months and also accepted the rent till May, 2022 through drafts.
13) Landlord filed a application in the court Under Section 15 Order 5 for none payment of rent.
14) ADJ dismissed landlord application of Section 15 Order 5, stated that the tenant has already deposited the rent till September, 2023 in court through E-Challan.
15) Now the case is on evidence :-
Yesterday PW1 Evidence performed
Where PW1(landlord) admited that he himself extented the Rent Agreement for three months not for three years, landlord himself admitted that he has already received all the rent no arear(balance),
But he has been transferred from Lucknow to Dehradun and he need his house for himself.
Please advise and suggest.
If the landlord without giving an appropriate notice which is mentioned in the rent agreement, coerces the tenant to leave the premise then the tenant has right to go to the court and can file a civil suit and seeks the order for the injunction.
If the landlord will evict any tenant on any other ground which is not mentioned in the Act then in that case, the tenant has the right to take the aid of the law to prevent the said eviction. If in case the landlord evicts a tenant and sends notice of eviction on the false ground then the tenant has right to take legal action as per prescribed in the Rent Control Act. For this, the tenants have to go to the Rent Controller and give the brief of the eviction notice sent by the landlord. Then after that, the court proceedings will begin. The tenant has to be present with a reason in support of the requisite evidence to prove the false ground when the court summons the tenant.
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