gangai (professional) 13 May 2008

How to evacuate a tenant who has got a injunction from court

Sir,

I have a property and it was given for rent to a tenant.For about an year he stays there.About 7 months he didn't give us the rent and when we tried to force him to vacate. The tenant stays with his family and since he is an elderly person , we gave him enough time to vacate.

In the mean time we came to know that this person is of fraudulent in nature and he did used to do this was even in his earlier landlord and at the end gets some money to vacate.At this point of time even before we act , he acted very smartly and filed a case against us asking the court that he could be evacuated only by law.Court has given the injuction and extended the same to one more month.We appointed an advocate and the notice was served to vacate him(by end of apr ,08) which he was not doing .we heard through some of the people who has this bitter experience that the tenant can extend this for few years.

I would like to know in what way this could be extended?As a owner why we don't be given the judgement sooner even if the tenant extens it.We the owner can have more personal commitments to occupy the house which we could not do it currently.Is there any other way to evacuate the tenant?Any tip can help me more in completing this case quickly and relieve our family from the mental strain.

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18 Replies

Ajay kumar singh (Advocate) 13 May 2008

You have not disclosed wherefrom the tenant got the injunction order.It seems to be an order of house controller rather than of a civil court.Is there any written contract with the tenant?You may file a suit for eviction of the tenant in the competant civil court.For more information,please reply my queries in detail.

H. S. Thukral (Lawyer) 13 May 2008

Injunction is to restrain you in taking possession in an illegal way. There can not be an injunction from taking recourse to law. If the tenancy comes under rent control act you have to file an application before the rent controller for eviction of the tenant on any of the grounds as applicable in your case i.e. a wilful default in payment of rent or bonafide need or on any other ground available to you in the matter. If the tenancy is not under rent control act, you can terminate the tenancy by giving 15 days notice. Any unauthorised occupancy by the tenant beyond that would entitile you to file a suit for eviction in civil court along with claim for arrears of rent and mesne profits/ damages for unauthorised occupancy.

gangai (professional) 14 May 2008

Thankyou, Ajay kumar and Harbhajan for your prompt response to my query. Ajay, The tenant got the injunction from civil court.There is no written contract between the tenant and the owner.There is one more tenant in the same property and the Electricity meter is combined and inside his portion .We tried to shift the meter outside his portion giving the request to EB which requires the power supply to be cut off for few hours.During this operation,tenant worte a petition to the civil court stating that the owner is violating the court. 1)What will happen if we evacate the tenant by some means before the injunction period got completed(mid of june,08)? 2)If we file a suit for eviction, how long will it take? 3)How the tenant can get the order from house controller?If there is a possibility to get,how do we prevent him from getting it?

gangai (professional) 14 May 2008

Harbhajan, There is no agreement between the tenant and the owner.How to ensure that the tenancy comes under rent control act or not? If the tenancy is not under rent control act you have mentioned that 15 days notice can be given.How the notice should be generated(through lawyer or it involves court too)?

H. S. Thukral (Lawyer) 14 May 2008

There need not be a contract in writing to create a tenancy. Acceptance of rent establishes a landlord-tenant relationship. Rent Control Act is enacted by state and hence its provisions are different in different states. In some cases it depends upon the monthly rent and life of the building. If you donot adhere to Court orders it will amount to contempt and there is punishment of civil imprisonment and property can be attached. The proceedings in court takes longer time than reqwuired because of delaying tactics adopted by parties. Interlocutory Applications are moved in the main petition resulting in delay. But this is only option before you if you are a law abiding citizen. Notice can be sent by you or your Counsel on your behalf. Court is not involved at that stage.

AJIT KAWATKAR (Doctor) 15 May 2008

rent is received in L&L AGRMNT also in tenancy; the what is the DECIDING FACTOR among the two?

gangai (professional) 15 May 2008

Thanx Harbhajan, I am placed at TamilNadu.You have mentioned that there would be delaying tactics adopted by the other party.For the fraudulent cases if there are tactics to delay why not there be some tactics to over power "Adharma" and justice be given for the righteous cases.What are all the ways that the injuction could be extended? Is there a way to terminate it?If so , please let me know.

H. S. Thukral (Lawyer) 16 May 2008

Kindly let me see the injunction order of the court. Injunctions are issued to maintain status quo during the disposal of the main suit. Injunctions do get vacated in appeal by the superior courts. But as I gather the injunction in your case would be that you will not evict the tenant by force or illegal means. You dont need to get these orders vacated because you dont have intention to indulge in illegal activities. File a suit for possession/eviction at the earliest by hiring a good and sincere lawyer. God bless you !

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 17 May 2008

Mr Harbhajan has made the things very clear for you Mr Gangai. There is no Dharma or Adharma. You to abide by law and law is mostly in favour of the tanent. Once a tanent iw more than one year as a tanent with you than in most of the State laws he becomes a potcted tanent and you can not evict him unless you prove before the Court under relevant provisions about your genunie needs which must be better than the need of the tanent. You can not throw away a tanent just by giving notice . You can ask for possession if the tanent has not paid the rent. Here also your statements have no meaning, you have to prove before the Court that you are not recviebing rent . Here also the tanent will be granted time to pay if there are arears as per law.If you are accpting rent in cash then you have to prove by regular accounts that rend due is shown in your books.I t will give rise to further problems for you that i) whehter you are giving regular reciepts for rent recieved if not it is criminal offense and ii) whether you maintain regular accounts pay taxes and give reciepts or not for rent recieved to other tanents also. Please always remember that there are alwys two sides of a coin and similalarly there are prosecution and defense Advocates.

H. S. Thukral (Lawyer) 18 May 2008

Dear Mr. Gangal In order to finally resolve the query , you are advised that Yes ! a tenant can be evicted in a set of cirumstance relevant to a particular case. Since tenancy laws are local laws, what are provisions in that state's law to give juridiction to a rent controller and bar juridiction of civil court. What are the provisions in which a landlord could seek possession of his property. These cases are contested with the help of abled lawyers and seeking help through raising queries would not be much of assistance to you. Without any further waiting, you consult a local lawyer who will decide in which court to file a suit for eviction.

gangai (professional) 23 May 2008

Dear Mr.Shashikumar and Harbhajan , thanx for your suggestion and information.I will proceed on filing a suit for eviction.

Guest (n/a) 02 June 2008

once admitted as tenant such tenant cannot be evicted wihout due proces of law, as such w/o to be filed against injunction and thereafter misc appeal can be filed before the higher court against injunction order and if thereis grounds for eviction i.e. defaulter,unlawful acts by tenant or personal requirement by landlord better to go for eviction suit

arunprakaash.m. (advocate) 09 June 2008

you can appeal to the higher court than that issued interim order. to vacate that interim order

gangai (professional) 13 June 2008

I would like to know the legal procees in the following case:

*) Already there is an injunction and if the tenant vacates the property(a very rare scenario) , then what happens to the injunction which was filed by the tenant.If the tenant is not residing in the property wherein he applied for the injunction , what would be the procedure to close the the injunction applied?

*)In the above case :

1) What would be the procedure if the Owner has filed a suit for evition

2) Not filed a suit for eviction