• As a landlord want to evict tenant (from shop)

Hello,
My In Laws are resided at Jharkhand. They had given a shop on rent to a person in 1993 on a plain paper. Later on 2005 they made an agreement on a notary paper and it was again revised on 2011.The shop is 10 X 10 room above our home terrace and Father in law had made separate stairs also so there are 2 entry points one for us and one for the tenant.
On 2013, my Father IN Law had a big fight with the tenant and he decided to evict the tenant and gave him a time of 2 years i.e 2015 on that.
Everything was done in front of local police and same was given in a writing with GD no. along with the signatures and stamp of police personal. Both agreed on that agreement and signed on the letter but after 2 years i.e on 2015 tenant denies to evict the shop stating that he is the only earner of his family and he hadn't signed any such type of agreement.

We filed a eviction suit case on 2016, and now it is in verge of closure. Now our lawyer stating that it is very tough to win the case as the agreement copy which was signed in front of local police has no value. Me and my husband are not living with my In Laws due to job.

Kindly suggest...

1. Really there's no value of that paper.
2. Our lawyer suggesting to withdraw the case, again file the case with strong draft/ on other ground.
3. If unfortunately we loss the case, what is the other alternative.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

Dear Client,

Such agreement is not binding and tenant can be evicted on given grounds in rent control act. But this agreement shall be construed as tenancy for limited period i.e 2 years.

What was the period of tenancy in revised agreement 2011 ? In case suit get dismissed, file appeal or send notice u/s 106 of Transfer of Property act than file fresh suit of eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1.See if the tenant has agreed for the eviction then in that case it would have value before the court further the recitals of the agreement need be seen.

2. At this stage i wont suggest to withdraw though the pleadings of the case has to be seen as how has it been presented and what evidence recorded or presented.

3. You can file an appeal over the order or further there has to be new eviction suit on other cause of action.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)document signed by tenant in front of police can be relied upon

2) take second opinion from another lawyer and decide your course of action

3) if you lose the case file an appeal against order of dismissal

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Hello

The tenant must have taken the help of the rent control act and must be showing the court that there is no bonafide need of the landlord.

The paper has a value though it can be challenged. It was not a registered lease agreement and so it is a problem.

You can appeal in case you lose the case.

How can you file the case again when the facts and circumstances of the case would be same. Has the lawyer not drafted this case perfectly??

He must have missed somethings and therefore he must be thinking of withdrawing the case.

Consult a better lawyer and take a second opinion.

Regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

I haven’t looked at the agreement in question so cannot comment on its value in court.

As for withdrawal, I find it rather strange that your advocate should want to withdraw on the pretext of filing a better draft at this advanced a stage. They should have done the spadework on your behalf before going to court.

I am not aware of the grounds you have taken, but considering this is in all likelihood an eviction proceeding under the local rent-control statute, viz., Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2000, it must be one of the grounds provided for in Section 11 of the Act. You are perhaps pleading bonafide need. Again I don’t know and can only guess. However, if a new ground has recently emerged—say the building’s condition has deteriorated—you can move an application under Order 6 Rule 17 CPC to amend your plaint, and don’t need to withdraw and file afresh. However, please note that you will have to show that you could not have raised this ground at the time of filing of the suit for reasons beyond your control.

I think what you need is a second opinion and for that someone (either here or offline) will have to look at the papers.

If you lose, you can appeal.

Follow-up queries are welcome.

Pulkit Chandna
Advocate, New Delhi
193 Answers
5 Consultations

4.9 on 5.0

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts about agreement.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi,

You are suggested to talk the advocate to present the case in best possible manner and if possible the necessary ammendment can be done and additional grounds can be taken with the permission of court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hi, it is not advised to withdraw the case on any pretext ... You have a right to appeal in high court against the order , if it is passed against you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1.the paper has a lot of value and can be used as the evidence in court.

2. I would not suggest you to withdraw the case at this stage, but without seeing the actual documents, concrete advise cannot be given. Withdrawal should only be done if too many blatant errors are there in the petition filed in the court.

3. You can prefer an appeal against the order passed by the court.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

1. It is not necessary that the agreement signed before police is not valid.

It is a rental agreement hence it is very much valid, if you suspect your advocate you change the lawyer.

2. Dont do that instead you take second opinion from a different lawyer.

3. Go for an appeal.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer