• Can tenant surrender half portion and occupy the rest

the case is pending in highcourt against a tress passer who was occupying the room kithcen and store room ...
the father of the tresspasser was the tenant who died long back..
however the case is against the tresspasser to prove she is not a tenant..in highcourt..
.
the property got a decree for partition during this period and the partition wall was to be built last year ,,...
in order to make the wall tress-passer had some settlement with the second party to the  partition  and left the room which was under their portion..
but now threatens us that she has not left the kitchen and store room which comes under our portion of the property...and says she will sue us...

please advice whether she can prove her possession and right over the kitchen and store room which comes under our premises...?????
Asked 2 years ago in Property Law from Delhi, Delhi
it is necessary to go through suit filed in HC , partition decree , settlement arrived at between parties to advice . if any telephonic threats are received record the conversation and lodge police complaints
Ajay Sethi
Advocate, Mumbai
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Nobody can possibly answer beforehand whether or not she can prove her possession. You must have filed a case for the eviction of tenant in the lower court which has now been carried to the High Court by the losing party. Unless and until she expressly vacated a portion of the house by a written instrument it cannot be said that she has vacated it. The partition decree cannot be enforced against her. It is for her to prove her possession. Wait for the order of the HC.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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she has to prove that she is in possession of the premises . the tenant has not sent any letter handing over premises to the landlord . . if as on date a new building has been constructed wherein she earlier resided you can draw attention of court to said fact
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Irrespective of how many years have passed since she left the premises on her own accord she can set up a claim of tenancy in the High Court unless there is a written instrument whereby and whereunder she relinquished her rights as a tenant. This is essentially a question of fact which can be proved by only producing the relevant documents in the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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