We were tenant in a premises for more the 25 years and renewed the rent agreement every 2 year with regular increase in rent. A person who bought the premises disagree to renew the agreement and filed eviction and fair rent at a time. His motto was resell the premises for higher price. Even-though we provided enough proof to our lawyers they didn’t execute it properly. So we lost RCOP and RCA. Fair rent case was in pending stage in madras high court. But as the person was very keen in selling the premises, he got eviction order stating that he want it for his own use by producing false proofs in high court on july 2016. We filed Special leave petition in supreme court as per our lawyer’s advise, but it was rejected in the first hearing on jan 2017. So we evict the premises on july 2017 as there is no other option. That person sold the premises in the same month july 2017. We were in a exhausted state so we not even claimed our rent advance given to the previous owners. But this person already filed a Orginal suit in Chennai city civil court complex in 2016 asking for difference in contractual rent and fair rent fixed by RCA judgement. As we evicted the premises we didn’t follow-up this case. Now after the sales (july 2017) he is proceeding the case. Now what should be done 1) Is he eligible to continue the fair rent case in high court and Orginal suit in Chennai city civil court complex as he sold the premises on 2017? 2) In the eviction case he stated that he need the premises for his own use but he sold it on the same year, Is he liable for any forgery case? 3) What should be done from ourside in this situation? OS status shows IA/EA pending and EVIDENCE, does it means it is going to be end soon? We are worried as this person is a criminal minded, he gives money to everyone and bend the law and earn money out of it.
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You should engage local lawyer and contest the case filed by landlord
2)you should cross examine the plaintiff
3) draw attention of court to fact that landlord obtained orders for eviction on grounds he requires premises fir personal use but in fact sold the premises within period of one year
4)landlord can continue case for rent paable during period you were in occupation of the premises
1. Yes he is eligible to continue the case.
2. Ypu may file a review application for the judgment vide which you have been evicted on the ground that the same has been obtained on false grounds.
3. You may file an application for dismissal of the case on the ground that you have left the premises.
Regards
He has file money suit for the recovery of outstanding rent as per the judgement. The property owner have all the rights to sell off the property.
1. The question is about the claim for the differential amount and not for the property.
The sale of property is not the dispute in the fair rent cse or the recovery suit.
2. That you should have taken it up then, now since you have lost the case in the supreme court also, you cannot make any dispute over it.
3. You have to contest his suit on merits, if you dont participate then you may be set exparte and an exparte decision would be given against you
Yes, his competence to prosecute the fair-rent case endures to this day.
If he had presented forged documents during the said proceedings or generally misrepresented facts with a view to misleading the court, he may be liable to be prosecuted under the Indian Penal Code for perjury and leading false evidence. For this to happen, you will have to file a complaint under Section 340 of the CrPC.
Nothing can be done from the outside. You will have to take the fight to him as it were. And for that you will have to contest the case.
If he has already sold the property his right doesn't exist. He has sold the same after the entire case. No it will take more time to end.
Dear Client,
You should file contempt against him for submitting false reason to obtain order for vacating the premises and also request court to initiate proceeding u/s 340 of CrPC.
1) Is he eligible to continue the fair rent case in high court and Orginal suit in Chennai city civil court complex as he sold the premises on 2017? --- Recovery towards due amount is maintainable ever after sale of property,but same u should object as he played fraud on court for obtaining order in his favor on wrong ground ans peruse recovery of advance paid.
2) In the eviction case he stated that he need the premises for his own use but he sold it on the same year, Is he liable for any forgery case? --- Contempt and set aside/vacation of eviction order.
3) What should be done from ourside in this situation? OS status shows IA/EA pending and EVIDENCE, does it means it is going to be end soon? We are worried as this person is a criminal minded, he gives money to everyone and bend the law and earn money out of it. ----
1) After selling the property can the old owner continue the pending CRP fair rent case? (Currently he is not the owner and we are not the tenant as he has evicted us through eviction case and then sold the building and now ask for fair rent arrears even though the CRP for fair rent is pending in high court) 2) If the new owner doesn’t want to continue the crp fair rent case what will happen?
1) old landlord can claim rent arrears although he has sold the property and is no longer owner of the property
2)if new owner does not want to continue the case suit would be dismissed
Even u can file application in court, for cancellation of eviction order,
1. The arrears of rent due to difference in fair rent can very well be claimed because it was for that period where he was a owner, hence he a right over it.
Let the court decide on it about its maintainability.
2. The new owner is not a party to the pending case, hence ther is no difference even if participates in the pending litigation.
If he does that also you can oppose the same in HC.
1. Yes he can file the suit even now, but the same has to be filed within the limitation period as per the Indian Law.
2. Rent is the issue between you and the previous owner, since you were sharing the relation of tenant with him and therefore WANT of new owner shall not count.
Regards