Eviction of tenant on the basis of mortgage deed executed in 1990
17-Dec-2023 (In Civil Law)
summary of the case is as follows:
1. Possession of the shop given to the tenant in 1990 and a mortgage deed was executed.
2. Redemption of mortgage filed in 2015, dismissed in lower court and session court stating that the relation between us is landlord tenant not mortgagor-mortgagee. Suit was filed on my grandmother’s behalf who is 89 years old now. I get produced in court as power of attorney on her behalf.
3. He was paying rent of Rs. 6500 in 2015. There was no rent receipt issues to him. He produced his one sided ledger account and ITR statements which mentions rent to be 3000 Rs. per month. However, to whom it was paid to was never produced.
I want to understand on what grounds I can file in rent court ejectment or have to take the case of mortgage redemption further in high court.
Hi,
Assuming the suit property to be in delhi and the monthly rent being less than Rs. 3500, you have a sound ground for eviction in the court of the Rent Controller on the ground of your bondfide need of the property.
So, if the other party admits the rent to be less than Rs. 3500, i would suggest you to go for eviction proceedings in the court of the Rent Controller.
Assuming the suit property to be in delhi and the monthly rent being less than Rs. 3500, you have a sound ground for eviction in the court of the Rent Controller on the ground of your bondfide need of the property.
So, if the other party admits the rent to be less than Rs. 3500, i would suggest you to go for eviction proceedings in the court of the Rent Controller.
Hello originally you have filed civil suit for redemption on the basis of the mortgage deed, we need to assess the observation of the lower court passing decree and also the evidence, ownership and grounds of suit for redemption for arriving at a solution remedy. please share the details to give proper solution.
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