My father rented a shop to a tenant in 1990 vide a lease deed with no tenancy period specified. After my father's death in 2006 I am the owner of that shop. I made two more rent leases for this property in 2008 and 2014 (Notarized). 2008 lease does not have any tenancy period but 2014 lease was made for 11 months and has a clause "This lease supersedes all previous rent leases for the said property". My lawyer filed a civil suit for eviction in 2017 on ground of bonafide requirement, and non-use but without any making any reference to expired 11 month lease period neither he advised me to serve a notice for eviction on this ground. The defendant questioned the authenticity of 2014 lease due to a typing mistake in lease deed. The rent agreement starts with "This agreement is executed at Bikaner on 01 June 2014" while it should have been "This agreement comes into effect from 01 June 2014". The stamp purchase date (3/3/2014), Notary date (12/3/2014), tenancy start date (1/6/2014). The defendant lawyer stressed the need of the his client for the shop in his reply. The shop has been lying un-used from last 3 years but tenant don't want to vacate it saying that he will start some business in near future. The tenant is running a diagnostic centre at some other place. My lawyer did not make any submission in support of authenticity of lease deed nor did he produce any evidence in support of non-use by tenant. He also did not try to produce any document to support that the defendant is running his business from some other place. Will it be done at later stage or my lawyer has been deficient in handling this case? At the moment we are waiting for date for witness examination. When I read basic court procedure for filing a civil suit on website it says all the documents have to be filed before witness examination starts. If yes, what options do I have? Can I change my lawyer and will we be able to submit supporting documents now? It has been nearly 6 months since the defendant files his reply.
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First of all you need to change the lawyer.
The expired tenancy is at the owner,'s will to renew or not to renew.
Merely by a different word the validity of dates do not change and this may be contested.
Whether the shop is in use or vacant have no effect. Please pray in court that you need the shop for your own use.
1) registration of lease deed is mandatory
2) unregistered lease deed is in admissible in evidence
3) legal notice ought to have been issued before filing eviction suit
4) it was necessary to plead that lessee was not using the premises fir last 3 years
5) you can amend the eviction suit
6) further documents relied upon by you should have been mentioned in the plaint filed by you
7) copy forwarded to defendant
8) change your Lawyer
You are the owner of the property, and there is no dispute by the defendant about the landlord and tenant relationship.
The facts explained by you show there are some procedure lacuna in handling the case.
If you are feeling like your case is not been represented effectively take a second opinion from any local Lawyer expertise in the rental matters and on his opinion you can decide the next course of action.
You are the owner of the property, and there is no dispute by the defendant about the landlord and tenant relationship.
The facts explained by you show there are some procedure lacuna in handling the case.
If you are feeling like your case is not been represented effectively take a second opinion from any local Lawyer expertise in the rental matters and on his opinion you can decide the next course of action.
Hi, the documents can be alongwith petition or at the time of examination of petitioner..the above mentioned documents can be tendered during your evidence before court
Thanks for your reply. At this stage what should be the course of action by my lawyer? Can I seek eviction purely on basis of expiry of 11 month lease period, first by serving the notice for eviction and then filing eviction suit? If yes, how and what will happen to my current suit in court? If no, can I include this ground (11 month expiry) in my present suit? In Rajasthan 11 month lease need not be registered.
1) it is basically leave and licence agreement
2) you can seek eviction on expiry of leave and licence agreement
3) it is better you consult another local lawyer
4) you can amend the plaint and take the plea that agreement has expired
Dear Client,
By efflux of time, lease is already over. Amend present eviction petition.
Sec 111 Transfer of Property Act.
You can pursue the same case on the ground the lease period is expired and the rented premises is required for your personal bonofied reasons.
How can your notary date be prior to your execution date. The lease agreement is also need to be registered. No there is not later stage you have to prove it with cogent evidence at evidence stage only. Take a second opinion from other lawyer at your local jurisdiction.
1. In so far as changing the lawyer is concerned you are free to change your lawyer at anytime.
2. The lawyers cannot unearth evidence to produce it in the court. It is for the client concerned to give all the relevant evidence to the lawyer who has to then produce it in the court. It is not clear from your query as to whether you gave such evidence to your lawyer, which he failed to produce in the court.
3. No notice for termination of lease is required to be sent before filing the suit. The suitor cannot be non-suited by the court for the reason that the suit was not preceded by a legal notice for termination of lease to the tenant. It is open to a landlord to file the suit directly without serving a lawyer's notice to the tenant.
4. The suit was filed on two grounds-personal use requirement of the landlord and non-use by the tenant. Even if the ground for non-use cannot be proved the court will order eviction if you are able to prove your bona fide personal need.
5. Any document can be led in evidence only during the evidence stage in the court.
6. All the documents are not to be filed before the evidence starts. There are some documents which can be led in evidence in the court. This academic gibberish that is posted on websites is a far cry from the actual procedure.
You can file the documents as additional documents before commencing the trial in the case.
If you are not comfortable with this lawyer you can abruptly change the lawyer instead of spoiling your future on this.
At this stage what should be the course of action by my lawyer?
He has to file a petition to submit additional documents before court
Can I seek eviction purely on basis of expiry of 11 month lease period, first by serving the notice for eviction and then filing eviction suit?
You can add that as one more reason to seek eviction.
If yes, how and what will happen to my current suit in court?
In this suit itself, you can mention that in the chief examination
If no, can I include this ground (11 month expiry) in my present suit?
In Rajasthan 11 month lease need not be registered.
11 months agreement need not be mandatorily registered.
Yes the eviction can be sought on the ground taht 11 month lease period has expired
Send him a notice of termination in terms of section 106 of Transfer of property act and thereupon file an eviction suit.
Yes you can include this ground
and 11 month rent agreement is not registered anywhere in India and that is why every one goes for a 11 month agreement all the time.
regards
wait for 11 months would be a better option but instead of this you can also serve a notice period of 30 days to vacate the premises then you can file a civil suit on bona fides requirement on the premises is there is no legal impediment as such and yes try to engage a good counsel because a better counsel can give you a better result.
Apart
Apart additional document can be filed at any time by amending your plaint and you can add the ground also that the remise is vacant for three years because it is nearly alleys and license agreement and the license expired after expiry of the period in as much as you are the owner of the property which is undisputed
Hi, you need to write all relevant points of the case and submit rejoinder to the reply of defendant. You may submit the documents to this rejoinder.
