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Landlord evicting on false grounds of non payment of rent what to do


21-Mar-2023 (In Landlord/Tenant Law)
My parents have been residing at this rented house for more than 50+ years without any license agreement. This property is a wakf property measuring about 1800 sft and is in a prominent locality in Bangalore. The owner has sent us an eviction notice stating that we have not paid rent for the last three months and have asked us to vacate the premises within 2 months. Whereas, we have paid rent for the said period, but they have refused to give us receipt. We have saved copies of rent receipts for the last 20 years. The present monthly rent paid by us is Rs 3,000. Their notice states us to quit, vacate and handover over the property with this reference (within the meaning of section 2(e) (v) of the Karnataka Public Premises. They have plans to construct a commercial mall in this place. Kindly give us legal opinion on What should we do to reply to this notice? Can we get a stay order on the eviction? If we file a case, how many years will the court proceeding take? .
Answers (2)

Answer #1
750 votes
According to the Section 2 (E)(v) of THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, 1974, Public Premises is defined as “public premises” means any premises belonging to or allotted to State Government or taken on lease or requisitioned by or on behalf of the State Government and includes any premises belonging to or taken on lease by or on behalf of a wakf registered with the Karnataka State Board of Wakf. However, in this is case as the said premises are not anywhere close to the definition of the public premises defined in the aforementioned Act. Also, you can file an injunction suit against the said eviction order if it passes from the concerned court. And reply to the said notice which was provided to you by the landlord to you mentioning the grounds for which you should not to be evicted.
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Answer #2
754 votes
sir, There are many ways either to dragon the time or stay for some years. you are stating that for about 50 years as tenant. it you come along with all documents both rental and property, we can plan for suitable remedy instead some mouth or oral words.
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