Landlord trying to evict.

i am an elderly lady , residing in rental flat ,which was obtained my son , by signing a leave and licence agreement , four years ago .
every time , the agreement was for eleven months , and the rent was also enhanced , which we have been paying regularly .
1.during the fifth year , the estate agent who got us into this agreement , and the landlord's power of attorney , who is here in india , also a signatory on the agreement , started pestering us , that the landlord now wants to sell his flat ,and sent some strangers , at odd hours , to see the place.
2. my son was on an international travel for his work at that time ; however , we proposed that we would only buy the flat , instead of other parties .
3. seemingly , but actually cunningly , the landlord called me from U.S. , that he is ready for that . he is an indian .
4. my son sent him an email , confirming the deal , on the price asked by him.
5. suddenly , this gentleman changed gears , much to our chagrin and dismay , and sent me a notice to vacate the flat , in a month's time .
6. i lodged a police complaint , for fear of forcible eviction , as well as filed a civil suit , for the declaration as a tenant , and injuction .
This was about 10 months ago , and now i have made an appeal in the Disrict court , since the small causes' court said , that the competent authority , that is MHADA , has to decide in this matter.
Though the defendents have gone to the authority now , and i have received a notice , to give my reply in a fortnight , which i would be submitting ,
i needed advice and counsel ,in the following areas.
a. as per the rent control act , the LL agreement has to be registered by the landlord , which the party has never done , and we were not aware of the rules ,
b. a security deposit has been paid to them .
c. can the case be contested on the grounds of non-registration of the LL agreement , to establish me as a tenant , and not a licencee ?
i have a telephone connection , a broadband internet connection , and a ration card on my name , with the written permission from the power of attorney .
What exactly should be the base of the arguement , for establishing me as a tenant , and prevent them , under the appropriate provisions of law , from getting an order for eviction ?
i am still ready to buy the flat , but they must come round.
Though i have an advocate who is handling this , i thought of approaching the forum , for expert advice , and a second opinion.
kindly advise ,
Shobhana .

[OHlandlord]

I am not an expert in LL - Tenant law in your country, but I do have a few questions.

What are the consequences for not registering the rental agreement with the local authorities? Can you find the law on this and see what the penalty is? It may remove some of the LL's rights if he failed to register it as required. It may provide you with a reason to fight an eviction.

You stated that each lease was written for 11 months. Do you have a current term lease? When does it expire? Most country's laws say a LL cannot evict a tenant who has a current term lease, who is current on rent payments, and who has no lease violations. In the US, if a LL sells the property with a tenant in place (who meets the above conditions) the lease must transfer to the new owner and he must honor the lease to its end. Notices to vacate cannot be given in the middle of a lease here. What does Indian law say on termination during a lease? If your lease is expired, he may be able to give you notice to vacate.

When he accepted your offer to buy the unit, was any paperwork completed on this deal? Was it merely an e-mailed offer? Do you have a copy of the e-mail where he replied, accepting your offer to buy? You may be able to use this to show that he had accepted the purchase offer from you.

Lastly, is there a requirement in your law for prior notice before entering the premises? Many states in the US have a law that requires the LL or the sales agent to give you prior notice (usually 24 hours notice) to enter the property to show it to prospective buyers. They may come during the day or evening, but not during odd hours (like at night). Many sales agents here will make an arrangement with a tenant to show the unit on weekends from 2-4 p.m. and/or on one evening per week. Is this something that could be worked out with the agent as a compromise?

The security deposit is another matter separate from any sale. This money is to be used by the LL in the event that a tenant does damage to a property. If there is no damage when you move out, the deposit is returned to you. If there is some damage from the tenant, a statement of what money was deducted from the deposit is mailed to the tenant with a check for the remaining monies.

Please try to research the issues above and let us know what you find. Hopefully someone with more experience in your country's law will reply here.