Question: Sir my tenant has filed a civil suit in the court of senior division Bhatinda. He claimed that he got interested in the property during the tenancy. I am NRI and used to visit India 4-5 times in a year. I never alienated my property to anyone. He filed that suit after my receiving notice to vacate my house. I have been issuing rent receipt in each month.
He had been paying rent for the last 6 years but after the notice, past 7 months, he refused to pay rent and he filed this false case. I want to construct a hotel on the land so I need this property for my personal necessity. Please advise.
Asked from: Punjab
It is not disputed that he is your tenant. So a jural relation i.e. landlord and tenant has been established. It’ll be impossible for him to disprove this jural relation in the court. According to section 13 B of Punjab urban rent restriction act, the tenant may vacate the premises for his personal necessity.
It is always presumed by the law that once a tenant pays the rent to his landlord then he cannot afterwards deny it. This conduct of tenant confers him a legal obligation to pay rent and also confers a legal right to use it as long as he pays the rent.
If tenant denied the title of the landlord then a special provision is laid down by the law i.e. it is must for the tenant to first surrender the possession of the property back to the landlord. He cannot enjoy both benefits simultaneously, on one hand, he opposes the title of the landlord and in another hand live in the rented house.
Section 116 of the Indian Evidence Act embodied that tenant in the occupation of the premises cannot deny the title and ownership of the landlord. The doctrine of estoppel, which is the basis of section 116, this doctrine will not allow the person to say one thing at one time and opposite of it at another time.
Contest the suit and prefer written statement with the plea that tenancy is not disputed, you have personal necessity and burden to disprove ownership and title of landlord shifts upon the plaintiff. In these circumstances, you’ll win this case.
