Mukthar Ahmed (Retired empolyee) 16 July 2010

Procedure to vacate Tenent who issued injunction notice

Hi All, I am new to this forum and would like to know the procedure to vacate temnent who has issued injuction notice from civil court.

I am from Hyderabad (AP), have given one of my property to tenent for Photon studio on monthly rent in 2008.We had a rental agreement which clearly stated that two months prior information should be given by either of the parties for vacating the premises. As we thaught of using the premises to start our own bussiness we have asked the tenent to vacate the said permises but he acted smartly and issued an injunction notice from civil court saying we are trying to forcefully vacate him and saying we are demanding more rent from him which is not true.We also have a signed letter from the tenent that he will vacate the premises with in 2 months but he did not stand upto his promise. I am sure that i have all the proofs to prove that the tenent is wrong and is misusing the law.

I consulted a lawyer and came to know that we should proceed legally and also should file a case in rent control court for eviction of the premises, but it seems to be a long process and the lawyer said his fees would be Rs.10000/- for the actual case and Rs.15000/- for the rent controller court case, which comes to Rs.25000/- but i am not in a state to spend that huge amount as i cannot afford for that huge amount.

Kindly reply to me what should i do in this regard.

Please suggest..

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5 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 19 July 2010

sir,

you have to file a case to evit the tenent if the rent is below 3001/- file a case under rent control ACt .

if lawyer demanded u high fees u consult another lawyer.i'll mail u soon by suggesting another lawyer may be that lawyer ill be available at your fees structure

Mukthar Ahmed (Retired empolyee) 19 July 2010

Dear Mr.Srikanth

Thanks a lot for your suggestion and help, i will be waiting for your mail, my mail id is mukthar14@gmail.com.

Also, request you to suggest regarding the injunction case filed against me, do i need to hire a lawyer for 2 cases (1.Injunction case 2.Rent controller case). Let me also inform you that i have only received the notice but did not receive any "summons".

Please help!

Regards

Mukthar Ahmed

Amit Gupta (Advocate) 19 July 2010

dear sir,

every state has its own rent act. the promise of tenent that he will vacate in 2 months has nothing in the eye of law for the simple reason that, now if u want to evict the tenent thn u must proove 1 of the gronds mentioned in ur state rent act. such as bonafide need, nuisence, default etc.

u better engage some fresher in the injunction suit and get it decreed against u. there is nothing to contest the suit. and thn file ur rent evection petetion.

bt remember 1 thing that the evction proceedings is going to cause u more thn 50 000. for the simple reason that the matter will defenatly go upto the high court. and thn execution proceedings too.

Mukthar Ahmed (Retired empolyee) 21 July 2010

Thank you Mr.Amit for your advice, process of eviction is ok but please let me know regarding the procedure to proceed further on the civil injunction case filed against me...i have not received the summons along with the notice and within how many days should i file the case in court..I am really afraid of the huge expenditure on court fees and lawyer fees.As i cannot offord the same and i cannot run here and there on the case issue, as i am 70+ in age.

Plz reply.