SINCE YOU DO NOT HAVE ANY TENANCY AGREEMENT:
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like trespassing, cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

3. You can also file "Eviction Proceedings" in the local Civil Court, against the Tenant, with the available documents.

You must plead that if in the opinion of the judge, he is not a tenant; then he is an illegal trespasser. In either case you have every right to get him evicted and that's precisely the reason you have filed the suit for eviction. 

You can take the plea that it was oral tenancy agreement 

2) 

Section 105 of the Transfer of Property Act, inter-alia, specifically provides that a lease may be express or Implied, and the same may be for a certain time or in perpetuity.

Section 107 of the Transfer of Property Act provides as to how leases can be made. It lays down that a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

4) view of Section 107 of the Transfer of Property Act, tenancy can be created either by a written contract or by an oral agreement coupled with delivery of possession. Section 107makes no distinction between a written agreement of tenancy and an oral agreement of tenancy.

5) Section 108 of the Transfer of Property Act, , covers both the tenancies/leases i.e. oral or written.

First requirement to subsists tenant claim that he cannot denied title of landlord and entail forfeiture of tenancy rights and incur the liability to be evicted.

You have strong case now to obtain eviction order on the ground of bonafide need, default in paying rent and denying title of landlord.

There are two issues involve - first denying title of LL and second denying LL and tenant relation. Just prove the rent paid to your mother and than to  you - A tenant can challenge the title of landlord only after vacating the premises and not when he is occupying the premises.

In rent matters the burden of proving ownership on a landlord is not that heavy as it is in a title suit and even a lessor quantum of proof may suffice for holding that the landlord is the owner of the premises in question."

Tenancy is very old, so case will take time. Just prove rent paid to you.

1. Since there is no rent agreement/lease deed a suit for recovery of possession is to be filed, not a petition for eviction under rent control act.

2. Bank statement may prove the civil liability of the recipient to pay the amount to lender, but it does not prove the relationship of landlord-tenant.

3. You are apparently on the wrong track.

Ans:- Once, you have tendered these documents, i.e. your registered gift deed, electric bill, mutation letter it is more than enough to prove your ownership on that property. 

You do not have any document in possession to show that you had a tenant in your property. However, you may take the defense that the tenant never wanted an agreement and hence it was plainly oral always. 

Dear Sir,

Legal heirs of a tenant are also tenants and get all the protection under ... Unregistered agreement:

The court was ruling on a case from Punjab where an NRI returned and wanted to vacate a shop he had rented out as he wanted to start a business

NEW DELHI: Non-resident Indians cannot be asked to prove ownership of their property to get their tenants evicted, the Supreme Court has said while overruling a high court order.

"If ordinarily a landlord cannot be asked to prove his title before getting his tenant evicted on any one of the grounds stipulated for such eviction, we see no reason why he should be asked to do so only because he happens to be a non-resident Indian (NRI)," a Supreme Court bench said.

The court was ruling on a case from Punjab where an NRI returned and wanted to vacate a shop he had rented out as he wanted to start a business. The tenant contested the NRI’s title to the shops and won a case in the lower court, and a high court bench subsequently upheld the ruling of the rent controller.

On Tuesday the top court ruled in the NRI’s favour. "Section 13-B is a beneficial provision intended to provide a speedy remedy to NRIs who return to their native places and need property let out by them for their own requirement or the requirement of those who are living with and economically dependent upon them. Their position cannot, therefore, be worse off than what it would have been if they were not NRIs," it said.

Justices TS Thakur and C Nagappan said the law entitles an NRI who returns to India to demand eviction of any residential or non-residential building let out by him, if it is required for his use or his dependant.

However, the right to seek the tenant’s eviction is available only after five years from the date of such NRI becoming owner of any building. This is also subject to the condition that any such right shall be available to an NRI owner of the premises only once during his life time.

NRI landlord needn’t prove ownership to evict tenant, says SC

In India if after the eviction notice under section 106 Transfer of Property Act 1882 the tenant refuses to vacate the premises the landlord can go to the court for his eviction.
 Section 111 of the TP act 1882 deals with the determination of the lease. Landlord can file a suit against the tenant on many grounds such as if the tenant is in arrears of rent for more than 4 months, for his personal needs or if the tenant has violated any condition on which he had taken the premises on rent.
State Rent control laws also applies on the eviction process if the building comes under the ACT.

Grounds to Evict a Tenant in India

The rental laws in India enable the landlords to file an eviction suit against the tenant if there is a justifiable and valid reason for such a measure. Following are the grounds for eviction of a tenant in India:

• The tenant has intentionally not paid a mutually agreed rent amount for more than 15 days from the due date.
• The tenant has sublet a rented property to another person without taking the landlord’s permission or providing a written request.
• The tenant has used rented premises for unlawful purposes or other purposes than mentioned in the rental agreement.
• Any action of the tenant has led to the loss of property value or its utility.
• The tenant’s actions are found to be objectionable by the neighborhood and the landlord has received a complaint against the tenant.
• The tenant has intentionally refuted the landlord’s title in the rented property for an unknown reason.
• The landlord needs their property for own occupation or for any family member.
• The landlord needs their property for repairs and renovation which otherwise is not possible unless the property is vacated.
• The landlord intends to construct another building that requires demolition of the property.

Who has filed the suit,  he or you?

If he's filed the lawsuit then you may file a n eviction suit against him for willful default in rental payment and for own use. 

Other wise you may have to regularly follow it properly through your lawyer. 

Without knowing what suit has been filed and the status of the case any opinion given in this regard may be misleading. 

You may have to follow up the case without any laxity from your side since the latest law in this regard is not in favor of landlord. 

You have the evidence to prove that you became the owner of that property. You said that the tenant had deposited rent in your bank account for 2 years, this evidence itself proves that the person residing in the back portion of your house is a tenant. A person can live in a house other on the licence, permission of the owner or any other valid document. You said that you have no rent agreement in respect of that person of the house. You have received rent from the person who is residing in that house so landlord and tenant relationship has established in devoid of any rate agreement. That person cannot retract from the fact that he had been depositing the rent in your bank account.

 In the current circumstances of your case, the gift deed is sufficient to prove your ownership court will presume that he is a tenant as per is your ownership is concerned. It is pertinent to mention here that no objection about the ownership has been raised since last two years. No person has any objection that you are the owner of the house. Hence, the court is bound to presume that you are the owner. No other evidence is required to prove your ownership.

When the property was transferred on you through the gift deed, tenancy of the existing tenant was automatically transferred along with the property. You have the right to evict the tenant on the ground of necessity because you have no other house in Delhi to reside. The new owner of the property has the right to evict the tenant after 2 years from the date of transferring the property.

You have submitted all the required documents in the court so you should wait till the order of the court. If any other goes in against you then you should to immediately file an appeal before the appellate court.

The tenant cannot dispute title of the landlord under section 116 of Evidence Act

Even if the landlord's title is defective, the tenant has no business to contend that he is not tenant of the landlord, if the former was paying rent to the latter

Please check whether the tenant has taken the plea of adverse possession in response to your plaint pleading 

As per transfer of property act, rent act, tenant act here tenant is to get adverse possession and get the possession portion in re development 130% share on his name. Now at the redevelopment MOU you can decide that construction cost has to take or leave it.

You need to file eviction suit in court

1. You need to use some force to evict the tenant as legally you cannot evict him if he is living in your property with rent agreement.

2. If still you want to proceed legally then eviction suit is only way forward to get your property vacated.

3. Suit will be filed on ground of non payment of rent.

See if you show two years rent deposits and then further no rent deposits from his account and you claim same then in that case on monthly rent basis the court may consider him as tenant.

See even he claim adverse possession for same he had to consider you owner otherwise 40 years doesn't matter as he was under permissive possession.

1. The Jude did not ask you to prove that you ate the bonafide owner of the said house.

2. He has asked you to prove that the other person is your tenant.

3. Submit any document you can lay you hand on to prove that the other person was the tenant of the house of your mother  which has now become yours. 

Submit the copies of the receipts issued by you or any other documents generated in last 40 years to prove that he is the tenant of your mother and yourself.

Dear querist, 

what the tenant at this stage can do is to claim the possession over the property through adverse possession since he is living at the property without any agreement since 40 years. Now, in your situation, what will the way out can only be found perusing all the documents you have with you and apart from that our arguments can be that there was a oral contract and since the amount was nominal and Rs 3000 therefore, no agreement was needed under delhi rent control act. 

You can evict the tenant through section 14(1) notice on the grounds of personal use and the buling being non habitable and therefore need to be rebuilt. 

you can contact me for consultation and dealing with your case and notice. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Rent will have to be paid by the tenant in the court once it is assessed by the court. Failure to comply with the order of paying the rent will invite immediate eviction.

tenant is always a tenant. he cannot claim ownership rights of the property. 

You have to prove it was oral tenancy