Land lord Tenant Querry
Rajesh Tandon
(Querist) 09 October 2010
This query is : Resolved
I have a problem with my tenant. My husband has a comprehensive Rental agreement done with tenant on 23 rd August 2010.Our Agreement clearly mentions date of placing of cheques in bank as 11th of every month & landlords right for getting premises vacated on one month's notice which my husband & tenant have signed.. The tenant gave cheques. one cheque bounced. Earlier also the tenant had made excuse of payment & finally paid d amount after full month elapsed when payment was due. This happened before bouncing of d cheque. The tenant had said that he would be shortly shifting his account to other bank. Then in that case why did he gave cheque of current account where there was insufficient money or he should have left sufficient money or should have sent cheques of another bank where he is shifting his accountThe notice under instrument of Negotian Act was sent from our advocate on account of bouncing of cheque. The party was slightly shaken up. However my husband is being given certain excuses for problem in depositing money even now. My husband was not convinced. He verbally asked the concerned party to vacate the premise before sending d notice of vacation in writing. However, d mother of tenant approached my husband &said that give us One week of time. we will deposit d amount in your bank& next time onwards u will get your money in time.But, she also said that neither i will vacate today, nor tomorrow. I will get my son married in this house.These words are little alarming, creating doubts in our mind of d real intention.However, my husband is not convinced with general attitude of tenant who serves outside & comes either on weekends or once in a fortnight. It is only her mother & a brother who live in our house in Kharar ( Mohali), Punjab.Father of Tenant has already expired. The house is on outskirts of Chandigarh. My Husband is an Army Officer.It is difficult for us to run around every now & then fom far off places for attending d problems emerging like this. One has to be careful in dealing with ladies. u can't say much. What to do now? What if in futue d tenant/ her mother manages to avoid receiving any of d notices? As of now with this anticipation in mind my husband had sent legal notice of cheque bouncing to 3 to 4 address of tenant including his boss( which probably shook him)? Can self & my husband go to tenant's house , meet her mother & with help of a lawyer or somebody read out terms of agreement to her motherwhich her son has signed & record every conversation ,video footage of her reactions with spy camera ? .Would that be admissible in as an evidence of (any malafide intentions if there be any) in Indian court? would recording of telephonic conversations between tenant party & us be admissible in indian court?Can something be done against this tenant who is a civilian state government employee under Punjab NCC ( NATIONAL CADET CORE). Should we be writing to Director state services who controls pay & allowances of state civilian employees or kindly suggest some appointment in the administration to be approached. Can any FIR or complaint be lodged with police for harrassment & a kind of threat or a blackmail that we will not vacate d house. Kindly suggest suitable legal / police action.Also suggest what is the procedure of issue of court summons for evicting tenant out of the house & in what time frame these summons are issued i.e generally what is step by step period of proceedings or frequency of hearings.Once these summons are issued , does police comes into play & helps eviction of Tenant?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 October 2010
The story does not look real since the rent agreement is Aug 2010 and in just two months how so many instances have happened.
ashish lal
(Expert) 11 October 2010
immediately consult a local lawyer
Khaleel Ahmed Mohammed
(Expert) 09 October 2010
