First of all you need to hire a lawyer to resolve all your issues. you should file appeal and get the order challenged.
Rent Act matter
We are tenants in building for last 40 years. There is no rent agreement Only rent receipts were issued. There are 2 portions.For Ist portion the receipts were issued in joint name of my father and an HUF firm of which he is karta. Rent of 1st portion is 1800. For 2nd portion the receipts are in favour of my father and another third party. The rent of 2nd portion is 1200. In 2016 Father moved out of this building and started living seperately. The landlord stopped issuing reciepts to us and started charging rent in cash. Meanwhile he filed an eviction suit against my father only. Later my father divorced my mother while he was living away. Now my mother and me are living and paying rent but no receipt is being issued. We had no knowledge of eviction suit filed by landlord. Now in Feb 2020 the landlord has obtained exparte order in his favour in the eviction suit and we have come to know now only about the suit. Can my mother and me file appeal/restoration as we are not party to suits but we are directly affected by the order. Do we have any legal standing as tenants? Will it not be deemed that the tenancy is automatically transferred to my mother's name just like in case of husbands death? What options we have got to get this order set aside and get a chance to be heard in the court, as we all are residing here for almost 40 years.
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
Yes you can set aside the exparte order in the same court. No it's not automatically transferred but if she stayed with father at tenanted property then she will also be considered as tenant. You have good chances
@Prashant Nayak . Like you said that she will considered tenant if she stayed with my father in the tenanted property, which is true, they lived there together for almost 36 yrs. It will be very helpful if you can mention any high court ruling in this regard.
Asked 6 years ago
You don't need a HC ruling in the same. As the same is a law point.
An scc suit must ahve been filed by the landlord. Your father was a party to the suit but he was a party along with the HUF. Therefore you were also a party to the suit. But as he moved out he didn't pursue the matter.
What does the order say. It ex parte but it should be on merits. On what grounds has the court ordered eviction?
File a case in the high court against this order and obtain a stay.
Neither your mother nor you are tenants, it was your father who was a tenant in that house.
Since your father is alive there can be no inheritance rights also for tenancy.
Moreover the case was filed against your father as a tenant hence you cannot be included as a party to the suit since you or your mother cannot be considered as tenants in the premises.
If at all your mother has any rights for residence she has to file a suit against your father claiming residence as a legally wedded to enforce her rights.
Since she has been divorced she do not have rights for residence also hence you may not be able to avoid eviction.
Kindly share the basis of the order. Has the court accepted you and your mother as the tenant or not.
The original tenant i.e., your father has actually vacated the premises and also divorced his wife and moreover he is alive, hence the tenancy rights cannot be passed over to your mother during his lifetime that too being a divorcee.
Therefore you may consult a local lawyer and decide what can be done on this instead of taking any hasty decision and suffer loss of money, time and energy.
1) rent receipts were issued in father name
2) your mother was divorced by your father
3) your mother cannot claim tenancy rights on the rented premises
4) in event of your father death since you were staying with him you would be regarded as deemed tenant
5) you can file application for setting aside exparte order and make application for being added as party to eviction suit
1. Acceptance of rent us proof of tenancy So if you prove the fact of payment of rent in cash then there is nothing to get worried as regards status of tenant for your mother or you.
2. Though tenancy can be inherited by legal heirs of the original tenant in this case fresh tenancy as been created in your favour on acceptance of rent by the landlord.
Yes, you and your mother are deemed tenants of the said premises. The address of your father on which the eviction case is filed needs to be considered.
Further, the landlord ought to have made both of you as party to the said suit.
You can file an application challenging the exparte order and also file an application to add both of you as parties to the suit.
File ex parte set aside application with in 30 days of order and application to implead you and mother as defendants. You an\d mother are member of HUF, so at least have a right to defend one portion. You should have kept rent paid proof.
And you and mother are deemed tenant as paying rent after father left. Can contest for both portion
1. Yes you can file appeal in High court to set aside Ex-parte orders against your father as aggrieved party in the suit.
2. Your mother cannot file suit if she is divorced from your father.
