Legal Question in Landlord & Tenant Law in India

personal necessity

The landlady has filed eviction case in distt. Courts,chandigarh.Grounds are non-payment of rent,nuisance and personal necessity.She is abusing the process of law.She is alone in one canal house and i am tenant in only two small rooms.Rest of the house is with her.First of all,i have proved the rate of rent as 1000/- pm.She claimed fradulently as 4000 /- pm,but unable to prove.Secondly,a no. Of complaints against her and her terrorist family are lodged with police.She adduced evidence,without any documentary proof and without any witness.Her statement was bald in the eyes of law.I know,the personal necessity problem is there.,but one has to prove it.The court cannot remain mute spectator on this matter.I had adduced evidence,documents,police ddrs.Now,how i will win this case because i will face hardship.I am tendering rent in the court and the old landlady is alone and all her family members are abroad.Infact,her son and daughter hold another house in chandigarh and mohali too.


Asked on 10/14/08, 10:18 pm

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: personal necessity

You can bring the facts before the court.

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Answered on 10/26/08, 3:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: personal necessity

I recollect having answered a similar question before.

In a court case, an appropriate opinion can be recorded only after perusal of pleadings, evidence and interim orders passed by the court from time to time.

The rents in Chandigarh are much higher than what you are mentioning. There is hardly any two room set available for even 4,000/-. In any case, 1000 appears to be on a very lower side.

It will be better if you follow advice of your counsel. If you want me to examine your case, you are welcome to provide me all your documents by e-mail.

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Answered on 10/14/08, 11:35 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: personal necessity

how can u be so sure that you will win your case. it may be so that the landlady or her children use their influence on the basis of personal necessity. that landlady cannot be compelled to stay with her children if she wants to stay alone. you need to seek second opinion on your case otherwise you might get disappointed.

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Answered on 10/16/08, 3:34 am


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