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Builder rented my flat now asking for refund can he file recovery suit
13-Jun-2023 (In Landlord/Tenant Law)
Builder forced me to evict my tenant (my fully owned flat) with the promise that he will pay deposit and rent till he finds another tenant for me. Builder paid me the deposit which I returned to the first tenant . Property has been vacant now for 4 months .Builder paid me by cheque, however no lease documents exist. Also no receipt for the amount given by cheque was given by me and no other documentation for amount except the cheque. However now he has backed away from this deal and is asking me to return the entire amount. Can builder file a recovery suit ? What options do I have ?
is there any kind of agreement between you and the builder regarding this. if no that on what basis will he file a case for recovery against you. does he possess any documents that he has paid the sum to you. you and the builder need to sit and sort the matter instead of thinking about litigation. you have taken the advance from him and he was unable to find a tenant for you. it would be advisable that what ever advance he has given to you, keep it as rent and tell the builder that he was supposed to pay monthly rent failing which you keep the advance and you both can resolve the problem.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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