Dispute With The Tenant-Demand Of Possession
Sundaresan K
(Querist) 02 December 2008
This query is : Resolved
Dear Sir,
I have a house at Sirkali (my hometown) in the Tamilnadu state which I bought in 2005 with HDFC Bank Loan.I am still paying the EMI for the same.
The house has Ground + 1st Floor.The first floor is occupied by my sister's family and the ground floor has been rented out to a tenant from Decemebr 2007.
There is a rental agreement between the tenant and me for a peroid of 11 months which ended in October 2008.And the agreement clearly states that the tenant has to vacate the premises at the end of the 11th month.
I have been asking the tenant to vacate the house starting from May 2008 since we neded the premises for our own use. At first the tenant refused to vacate quoting the rental agreement, which is for 11 months. He said he could think about vacating only after the rental agreement expires.
Now the tenant is saying the agreement is only for ”formality” sake and no one will come to a house for rent only for 11 months.
I wanted to take up this issue legally. But the localites are scaring me telling that the legal process will take years together to get the judgement.
Since I am staying in Bangalore currently and my conscience does not allow me to take up “other” means to force the tenant to vacate the house, the only option open before me is taking up the issue legally.
I seek your advice in this regard. Is it true that we will not get justice immediately if we seek for legal solace?
I pay a premium of Rs 11215 every month for this house which is a major portion of my monthly earning.Also we are paying all the savings we have to repay the loan as early as possible though the laon tenure is 20 years.The minimum I would expect is to enjoy total ownership over the property.But I am denied of that.I am deeply hurt and distressed because of my tenant's attitude.
Earlier in the year (May 2008) my grandmother was seriously ill and we desperately needed the ground floor portion for her keeping her there and taking care of her.The tenant at that time also refused to vacate the premises.Now my grandmother is nomore and we are sentimentally upset that we could not keep her with us in her last days.
My 16 months old son is not very comfortable with the weather conditions in Bangalore and we desperately need a place for our frequent use and stay.My mother who wishes to travel to Sirkali quite often would find the ground floor house much more comfortable due to her old age .
Please guide me as to how I can get the issue solved legally.Thanks And Regards
Sundaresan
R.S.Rajesh
(Expert) 02 December 2008
Why so much desperation ? The remedy is to initiate the legal actions for ejectment/eviction of the tenant for your bonafide use and occupation of your house.Take steps in consulation with the local lawyer/s who are practising in the court dealing with eviction cases. The law is there to those who are alert . No doubt it may take some time depending upon the number of cases pending in the court within whose jurisidiction the suit/ petition to be filed.
anonymus
(Expert) 02 December 2008
I agree with mr.rajesh. dont panic it's always better late than never. Conduct a good advocate in your town and take steps to file a RCOP for eviction on the grounds of personal occupation
Srinivas.B.S.S.T
(Expert) 02 December 2008
You can approach the court by filing a petition as my friends suggested but the hard fact is that it will take long time to get the possession from the tenant. You have not mentioned the quantum of rent and the mode of payment of the rent by your tenant. please furnish fuller details. Regards Srinivas BSST
Sundaresan K
(Querist) 03 December 2008
The monthly rent is Rs 2000 and he has paid me an advance of Rs 25000.
The rent is paid every month by cash and he gets a receipt for the same from us.
Srinivas.B.S.S.T
(Expert) 09 December 2008
File a case for eviction. Verify the limit for filing rent control case in Tamil Nadu. Here in Andhra it is Rs. 3,500/-. If the rent is under the limits of Rent Control Act. Then file a Rent Control Case seeking the eviction of the tenant saying that you need that premises for your own occupation. Best of luck to you. Srinivas BSST
