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landlord/tenant eviction illegally landlord hiding rent cheque


27-Oct-2025 (In Supreme Court Law)
landlord evicts tenant for unpaid rent had dispute resolution hearing, landlord lied says never received cheque, discovered after eviction upheld that landlord lied he had cheque entire time
Answers (2)

Answer #1
951 votes
It appears that the eviction order was obtained by the landlord by suppressing material facts and misrepresentation before the dispute resolution authority. Since it is now discovered that the landlord was in possession of the cheque during the entire period, you may seek legal remedy by filing a review or recall application before the same forum (if permissible under its rules), or approach the High Court under Article 226/227 of the Constitution to challenge the eviction order on grounds of fraud and perjury. Courts have consistently held that any order obtained by fraud is a nullity in law. You can also initiate proceedings under Sections 191–193 & 209 IPC for giving false evidence and making false claims before a judicial authority. Proper documentary proof of the cheque and its receipt will be essential for success in such proceedings.
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Advocate Ashwin Garg

Adv. Ashwin Garg

LawRato Delhi | 25+ Answers
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Answer #2
924 votes
Answer to your query is subject to many crucial aspects such as whether your tenancy is governed by any special rent statute, amount of rent etc. Analysis of the facts of your case in the light of the above discussed facts are required.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

LawRatoDelhi | 25+ Answers
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