Advice on tenant eviction case
Chandrika Subramaniyan
(Querist) 25 November 2011
This query is : Resolved
Drar Sir/s , I would be greatful for your opinion and advice regarding following situation.
Brief History & Background
Wanted to sell my property in Chennai. Tenant who lives with his family was eager to buy.We agreed on price and tentative date for transaction.But Tenant kept postponing the sale. A year has gone by and he has not come forward with the agreed price and therefor my lawyer thought best to file a case for eviction on the grounds of owner use and we have filed a case. He has replied saying I have other house to live in and therefor I do not require this flat. This is not true as this is the only property I own.The house I currently live in belongs to my Mother and Brother. Tenant has stopped paying rent from 01 Aug 11 (Jul 11 rent) till date.I have had no problems with him till the case has been filed. I also happen to know he owns properties in Chennai.He has also rented the flat opposit to mine and enjoys 2 flats in the same floor for a family of five.
Current situation
Case is coming up for argument on 29 Sep 11. My lawyer wants to file a seperate case for not paying the rent....and not through the same case based on 11/4 act.
My question and advice required
Is it wise to file a seperate case or beter to couple with the above ongoing case.
PS : My mother is 84 yrs old and wants to settle everything for me and brother when she is still around. Also evicting by force (Other means) does not appeal to my moral sense and also it is a double edged sword. Any force may bring us similar reaction.
Thank you
Sincerely
Chandrika
Devajyoti Barman
(Expert) 25 November 2011
In the same case you can file petition for striking out the defence of the tenant since the arrears of rent has not been paid. Once you file that petition, the tenant would immediately come forward to clear the dues.
There is absolutely no need for separate proceeding.
Chandrika Subramaniyan
(Querist) 25 November 2011
Thank You Mr Barman.My lawyer's reason for filing a seperate case is to avoid delay of original case.Says paralell case would be better. What is your opinion ? I understand your reply...thought I would let you know what my lawyer thought.
Also if there is anyway I can speed up the process of selling the flat...or to get out of the situation I am in....please let me know. Thank you....Chandrika
Devajyoti Barman
(Expert) 25 November 2011
There is no way the main case would be delayed much.
M/s. Y-not legal services
(Expert) 27 November 2011
i think your advocate doing good thing only to you., because already you filed a suit for evicting yiur tenant.,
now you want to file a case for collect the arrears of rent., if its filed as a fresh case mean its can be heard as a new case., otherwise you have to file it as a interim application or you have to amend your earlier prayer., your tenent will file a counter statement., then enquiry, orders.,
so till the disposal of your interim application main case should be stopped.,
do you want it?
M/s. Y-not legal services
(Expert) 27 November 2011
already your case in argument stage., so better to file a fresh case., BELIEVE YOUR ADVOCATE MADAM.,
Raj Kumar Makkad
(Expert) 27 November 2011
tome! You are always right. Author can suggest his lawyer to move an application without amendment of the ongoing petition to direct the tenant to clear the pending rent and remain paying til the decision of the petition. As Rent petition is a summary procedure so hard and fast procedure of CPC is not applicable therein and rent controller can direct the tenant without disturbing the ongoing process of the case. There is no need to file separate case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 November 2011
The simplest solution is as suggested by BURMAN , seek striking of defense for non payment of rent . If you succeed due to any lapse of opponent your problem will be solved.
Otherwise it will take time and money since there are courts and courts and courts.
Regarding other methods please remember the case of multi crore owner BARNARASI BHUJIAWALA , who tried these tactics and landed in jail.
Sailesh Kumar Shah
(Expert) 28 November 2011
Agree! no reason to differ.
I noticed that you said that Case is coming up for argument on 29 Sep 11.
is 29 nov 11 ?
Chandrika Subramaniyan
(Querist) 29 November 2011
Thank you Shaileah.....You noticed the error.....I stand corrected....indeed 29 Nov 11 is the date....it just so happened that Judge postponed the arguement.
By the way.....thank you ever so much to every one who responded......incredible dedication to help is indeed appreciated /
Thank you....Chandrika
