LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajesh tamil (technical)     02 March 2012

Direct case filing in high court for eviction

Is it possible to file a eviction case directly in chennai high court?

without filing in District civil court?

A tenant who's not paying  rent & not vacating the house. there is no Agreement.

the land lord required house for his own use.the age of house is more than 50 years.

the land lord want's to demolish & build new for his & relative use.



Learning

 4 Replies

rajesh tamil (technical)     02 March 2012

Is it possible to file a eviction case directly in chennai high court?

without filing in District civil court?

A tenant who's not paying rent & not vacating the residential house. there is no Agreement.

 The land lord required house for his own use.the age of house is more than 50 years.

The land lord want's to demolish & build new for his & relative use.

Is there is any special judgements in favour of NRI land lords regarding the vacating the tenant?

Raja (XYZ)     02 March 2012

why you want to file directly in hc

rajesh tamil (technical)     03 March 2012

 

1. The district civil court takes time.

2. the tenant has some influence in the district civil court because he's working there surrounding. 

3.  The land lord want's to finish the case as soon as possible,

Narendra Malik (advocate)     04 March 2012

 

1. No it is not possible to file a eviction case directly in chennai high court, without filing in competent court having original jurisdiction.

2. If tenabt is not paying rent then issue notice by registered A.D. post for demanding arriers of rent, mentioning your bank account number in the same municiple area in which property is situated, if he does not pay or tender rent within 30 days of receipt of notice then you can file suit on the ground of default in competent court of law.

3. I assume that relation between landlord and tenant exists.

4. age of house is is not material its condition is important whether it is unsafe or unfit for human habitation if yes then it can be ground for eviction.

5. The land lord wans to demolish & build new then it can be ground for eviction depending upon state rent act. 

6. if land lord required house for his own use then bonafied need is also a good ground for eviction.

7. This advice is based upon Rajasthan rent control act 2001


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register