Eviction of tenant
Anupam Dash
(Querist) 22 December 2012
This query is : Resolved
Sir/Madam,
I had given my house on rent. The tenant was running a small firm/enterprise in the tenanted premises. Now the tenant has not paid me the rent for the last 6 months inspite of my repeated reminders. For the last 4 months he is absconding leaving behind some of his property like computer and such other things. I actually belong to Cuttack, Orissa. I approached the Orissa High Court through a lawyer and the Hon'ble Court directed me to approach the appropriate lower court. Now I have 4 questions regarding this:
1) under what provision of law should I approach the lower court?
2) can I pray to the Court to attach the property of my tenant of what has been left by him and sell them in satisfaction of my unpaid rent?
3) In the event the tenant does not appear in court inspite of his summons, then can this case be decided in my favour ex-parte?
4) How much time it will probably take for the case to be decided so that I can take possession as I had taken a loan to make the house and is facing serious difficulty since I am not getting any rent?
Kindly Help.
ajay sethi
(Expert) 22 December 2012
you have to make application under rent act of your state . generally there are courts set up who dela excluisvely with these kinds of cases . file suit for eviction of tenant . alsofor payment of arrears of rent .
if you are unable to affect service of summons you can apply to court for substituted service . time taken for dsoposal would depend upon pendency of court cases in the said court
Anupam Dash
(Querist) 22 December 2012
Sir, thank you very much for your reply. The only thing that I would like to know is whether I can get a ex-parte order in my favour, in the event the defendant does not appear inspite of the summons?
ajay sethi
(Expert) 22 December 2012
yes you can get exparte order
V R SHROFF
(Expert) 22 December 2012
Yes, u can get Ex-parte order
