My father made a 20 Rupees stamp paper with all the terms and conditions mentioned, which is duely signed by the tenant accepting for the conditions. This agreement gets revised every year with increased percentage for the rental amount (shop) and will be duely signed by the tenant. This tenant was paying the rent from last 10 years by fulfilling the agreement (revised every 11 months) terms and conditions. From the last 1 year he is not paying the errears ( increased percentage in rent) and paying only the actual rent (old rent). And from last 2 months the tenant is not even paying the rent. Hence, my father sent a notice asking the tenant to pay the complete errears and also the revised rent as per the agreement. And requested to vacate the shop if unable to pay the rent and errears. In reply to the notice the tenant states that I have never agreed for the terms and conditions and he is denying the 20 Rupees stamp agreement paper (which he duely signed by tenant). And he also threatens that, I will never ever vacate the shop (commercial shop) even if you approach the court.
Note that, Tenant is Scheduled Caste (SC) highly qualified (Ayurvedic Doctor) and running physiotherapy from last so many years in the present commercial shop. Having own house and 2 cars for personal use.
We have tried the mediation with the tenant through respectful persons also, but still his attitude or behavior is not changed.
1. Will the 20 Rupees stamp paper stands legally correct to make prayer in the court from the Owners point? Or the stamp paper should be of higher denominations? If only higher denominations is accepted by the court then how should I go further? as I am completely dependent on this 20 Rupees stamp paper only.
2. How should my father proceed here after legally to get the rent and errears back? Also, how can we plea in the court to make the tenant vacate the shop?
3. How much time it consumes in court proceedings to make the tenant vacate the shop?
Request for your answers. Thanks in advance.
Asked in Civil Law from Hyderabad, Andhra Pradesh
Hi, he can't dispute the ownership of the property and based on the documents you can file suit for eviction.
2. Suppose, if they disputes the documents you have to pay duty and penalty and there after words it will taken on record.
3. Go for suit for ejectment and also sought for arrears of rent.
1)your father has already issued legal notice to tenant to vacate the shop for non payment of rent . tenant in reply has denied any agreement was signed by him
2)you will have to file eviction suit against the tenant for non payment of rent and rely upon the rental agreement
3) since the document is under stamped the court would impound the document and send it to the Collector of Stamps. There you have to pay the penalty and fine, and also the deficiency in stamp duty if any
Thereafter the document will become admissible in evidence.
4) it would depend upon pendency of court cases in hyderabad . generally eviction suits would take around 5 years to be disposed of
1. even if the agreement was renewed practically he was in continuous possession o for 10 years is something bad for .Rs. 20 stamp paper was enough for an agreement ,10 years before.
2. you should send him a legal notice for eviction and file an eviction suit in the court on the basis that he has not paid rent.
3. The legal expenses depends on the court fee that is minimal and legal fee your advocate charge
Since the stamp paper is able to prove the possession and the mode of transaction between the parties, it should be admissible in evidence. a suit for eviction must be filed against the tenants on the ground of arrears of rent and basic need. it might take around 3 years for the eviction petition to be disposed of however if the case is followed on regular basis, it might not take more than 1.5 years. But the amount of time taken is subjective in nature and depends wholly on how the case is being proceeded with.
1. The agreement is perfectly valid and is binding on both the parties,
2. File an eviction syuit against him,
3. Also file a recovery Suit for recovery of the dues from the said Tenant,
4. Eviction suit takes a long time to be disposed off.