How can I prove rent payment doesn't confirm landlord-tenant status?
One ejectment suit is filled against us by a person with a tax bill in their name. One ejectment suit is filed against us by a person with a tax bill in their name. Judge ordered us to give rent at your own risk. As per advice of lawyer we have deposited money for 3 months in their name, then we stop it, furthermore lawyer told to continue rent and again applied but judge rejected our application and 7 (3) allowed, that 7 (3) was rejected by high court and their tax bill is fraud one bearing no documents but they are arguing 3 months we admit them so they are our landlord. How can I prove this wrong admission in court?
In your case, in order to counter an argument that asserts an implied tenancy based on initial rent payments, provide evidence that payments were made solely under judicial compulsion and "at your own risk" at the instruction of the court. Emphasize there was no lease signed with the opposing party or any acknowledgment of their ownership or landlord status. Since the High Court quashed the order of the lower court accepting their tax bill as valid, argue that the purported landlord's evidence lack legal standing and, combined with the fraudulent tax bill, cannot possibly form the basis for a valid landlord claim, and hence any admission of tenancy.
You can, therefore, contest the assertion that you admitted to the landlord-tenant relationship by producing evidence that supports your claim of fraud regarding the tax bill and lack of documentation. You should ensure gathering any correspondence with your lawyer and the bank about payments regarding same, stressing that all the payments made were under legal advice and did not constitute an acknowledgment of tenancy. Also, mention the principle of "falsus in uno," which states that if one part of their statement is false, then the whole statement is violated. Present this evidence clearly in the court to refute your claims effectively.
Sir, you should argue that since there is no tenancy agreement, the rent was paid under a court order, not as an admission of landlord-tenant status. Highlight the fraudulent tax bill and emphasize that the payments were made to comply with legal instructions, not to acknowledge ownership. For further legal assistance contact us on our helpline number.
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