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mr kumar (none)     30 November 2011

Land lord tenant disputes

we issued 3 independent notices on 14.11.2011 under 106 t.p.act that we are cnacelling the agreements and the tenants will be no longer legally ours and will be treated as tress passers. the amounts are 6592 for tenant (a). 11980 for tenant (b). 11959 for tenant (c). now all the notices were duly served . we got the reply from their advocates. tenant (a) its not registered and we havent renewed the lease the last lease ended in the month of april 2010. since then he is paying 10% increase rate although we were asking him to vacate he was delaying and giving one bahana or the other and stated that any how he is paying 10% extra he would like to continue for one more year as a tenant (a) he is staying in a residential flat. now we have sent a notice that we are cancelling the agreement from date 04.01.2012.he states that there are extra cheques which are lying with us hence we should treat that agreement is for 1 year again.what can be done and he is not willing to leave the premises. tenant(b) is a commercial shop. he gives the same reason that he has enhanced the cheque payment and is paying the increased amount from the month of august and is not agreeing to leave what can be done. tenant (c) sent a reply stating that the actual lessee is dead so we have sent the notice to a dead man, now thi agreement is registerd only for 1 year i.e from jan 2001 to dec 2002. what to do. please please please kindly help and advise me how to go about it and evict them and also can u suggest the time frame for evicting these bugs.


Learning

 8 Replies

Advocate Vishnu (Advocate)     01 December 2011

Daer Mr.Kumar,

Pl file an eviction suit  and obtain relief from court. The reply notices should be a cause of worry . The case will proceed according to the work load of the court and the conduct of legal counsels.

Jagadesh N (Software Engineer)     13 December 2011

Hi,

You need not worry.  As per TP act you can file a notice on your tenets after giving atleast 1 month time.

In your suit you need to mention preises is required or your own usage.

Plsgive our contact details so that we can discuss.

 

rajesh tamil (technical)     08 January 2012

is there any chance to get expat on an injuction case filed by tenant if the opponent lawyer didn't appeared for hearing.

but the lawyer got Vaida..

how many vaida allaowed for a case hearing?

Bobby Mani T (Lawyer)     10 January 2012

The only way to evict a tenant is to file a petition before the rent control Court.  The time will depend on many factors.  Do not worry about the time taken to end the lititgation you now starts and the case will end in due courrse.  It will surely take some time, that is the position in Indian Judiciary.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 January 2012

I think your tenants are not advised properly and hence such faulty replies. Persue the matter in court that is the only aternative for you now.

pawan kumar (-)     03 February 2012

i expect to get eviction orders shortly from court against suit filed by me on groundsof non payment of rent.can tenant go to session court for stay of eviction

rajesh tamil (technical)     10 February 2012

If the tenants lawyer is knowledged will do the one. but Court will not issue such stay, the tenant to pay the rental than only the tenant can proceed further.

myfuture (n a)     15 February 2012

File case and during pendancy of suit ask prayer from court to make tenant deposit rent regularly in the court at current market price. So even if the case takes ages you will not lose rent and also the tenent will have to regulary go to the court stand in the que to deposite the rent. Always remaint present before time on the dates of your case as landlords matters are dismissed on any first opportunity.


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