Tenant filed a false suit against landlord
Question asked on: 08/10/2015
My tenant has filed a false suit in civil court when I gave him a notice to vacate my shop. He has not been paying rent since march 2014 and on repeated request to vacate my premises he always took time. In November 2014 I sent him a notice to vacate my shop but he filed a civil suit immediately after receiving the notice.
There was an agreement of lease and license for 11 months tenure and it is included that after expiry of tenure he shall be treated as trespasser. I obtained his signature on the agreement. He took plea that after expiry of agreement landlord has been receiving rent in every month. So tenancy is extended by his conduct.
But I have not received any rent after march 2014. I want to take back possession of the shop. What should I do?
Section 91 Indian Evidence Act provides that when terms of the contract is reduced to form of a document then no evidence shall be given in proof of the terms of such contract. he may file false civil suit but eventually he will be defeated. According to your contract all the terms are included and agreed by both the parties.
There is no room for oral evidence regarding terms of contract. If he tries to adduce evidence that tenancy will be extended by payment of rent then it shall not be admitted by the court. According to the contract he shall be treated as trespasser and after expiry of 11 tenure contract became infructuous i.e. no effect.
If parties want to extend their relation as tenant and landlord then new contract should be executed. You had to sent notice immediately after completion of tenure. Because cause of action had arised on expiry of tenure. If you have any evidence regarding nonpayment of rent after expiry of tenure then you have to adduce it before the court.
You should file revision application before senior division court for setting aside the suit filed under order 4 cpc because tenant who is actually a trespasser has no right to file civil suit.
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Shivendra Pratap Singh
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