Please advice how to respond to notice and what to do further.

4 years ago

Situation : Religious trust give their shop on rent to individual 45 to 50 years ago...now trust give notice of eviction to individual under section 106 of Transfer of Property act 1988 stating that rent is due from past 5 years..but individual has all proofs regarding rent payment through cheque...individual has as no other source of income and son is also not earning because he is studying yet...is there any rights or remedies available to individual against trust...or can demand stay order or injunction order..or any other way suitable regarding this matter so that shop not require to vacate for few years...or can i file defamation case on chairman of trust because they defame me that i not paid rent from 5 years and notice can be use as defame evidence.

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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You have to contact local lawyer to built your proper defence. The present suit is not maintainable as your possession is permissive possession and not as tenant.

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Abhimanyu Shandilya

Responded 4 years ago

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A.Apply for a suit for injunction against them on the ground that they have falsely alleged non-payment of rent. Regarding defamation I do not think it can be done as the notice is a private communication and not in public domain, hence no defamation.

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