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santhi (nil)     28 January 2016

Summon to nri by tenant

Respected Sir , Madam , 

 

Good day.

If the tenant has issued summon to old home address in India while we work abroad , and the summon was returned back what procedure  he should do next to send to NRI..

Tenant has not paid rent regularly and asking for stay order ( Injunction) and not to vacate him and added many false details . Bank statements are evidence that he has not paid rent regularly. 

House is also in poor condition ( 40 years ) and in July 2015 we visited with contractor  and Tenant showed the house voluntarily . But now in case says we forcefully opened his lock to vacate him. (My brother who stays local is also added in summon and he has received it and submitted to lawyer)

Should we apply for eviction or answer in his summon itself?. He has also asked money for renovating the house which he didnt do and never was permitted to do .

 

Kindly advice. Thanks in advance. 

 

Santhi.

 

 

 

 



Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     02 February 2016

The court will ask him to proceed with substituted summons, i.e., going for paper ads. If he discloses  the court that the def. is resident of abroad, it can be served through INDIAN EMBASSY. If you are aware about this case you can appoint counsel in india to conduct proceedings. You cannot vacate him forcebly,  You have to file seperate suit for eviction and  u have to contest this suit on merits. He is a trespasser and he can be evicted accordingly.

 


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