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Karthavarani (Teacher)     01 April 2012

Eviction of tenant

We are facing difficulty in eviction of tenant who resides in one of our house rented to them. they werre in that house for more than 12 years. Infact they were given free accomdation as they are poor and serving as house maids. Now at recent when we asked them to vacate they refused and filed a case in court. As in the court they are saying falsely that my father(late) has given them word that he will give some properrty to them. This house is belongs to me and my brother. since tthe case is in court for almost for 1 year. Please advise me how we can vacate this tenant?

Kartthavaran



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 April 2012

verbal promise is not good ground to the tenent, moreover property belongs to you and your brother. You will have to wait for the court decision

H. S. Thukral (Lawyer)     01 April 2012

Tenant must have filed suit for injunction.

Suit for injunction is not maintainable against a true owner; contest it. In view of the recent judgment of SC, also claim damages during the pendency of the suit. Also file a suit for possession. The alleged verbal  promise of your father has no value  in law.  

Karthavarani (Teacher)     01 April 2012

Thank you very much for your valuble advice. Your suggestions have clarified my confusion and will follow accordingly.


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