Eviction suit & injuction related
Ramesh
(Querist) 07 February 2013
This query is : Resolved
Sir,
I have rented my flat to a person who is staying as a tenant for the past 4 years. The last rental agreement (11 months agreement) came to an end in 30-Nov-2012. I gave a notice to the tenant in the month of july-12 to vacate the premises by Nov-12 giving him sufficient time of 4 months notice. But the tenant obtained an exparte injunction in the court that he will be put to irreparable loss if he is vacated and he also said that he asked for one more year to extend the tenancy which is truly false.
Also he said in his statment that the owner is staying in chennai and he has no job to come to trichy whatsoever. He has not deposited the rent for the past 5 months.
I have filled a petition to evict the injuction and also an eviction suit with police protection to vacate the tenant. At this juncture, I have the following questions.
1. After giving suffcient notice(4 months) is he not capable of finding alternative position? (what is the real reason in his mind for not vacating. This is annoying me)
1. what will be the status of injuction obtained by the tenant?
2. The reason being, the tenant lawyer says in court that he wants to defend in the injunction case.
3. I was told that once the eviction suit is filed, injuction will automatically become infactious.
4. Please explain what will be the staus.
Thanks & Regards,
Ramesh
R.K Nanda
(Expert) 07 February 2013
state real facts of case.
Ramesh
(Expert) 11 February 2013
The course adopted by you is right. An eviction suit is the only remedy. However if the eviction is not for your personal occupation then ensure that the ground for eviction is efflux of time and not bonafide requirement.Exparte injunction might have been obtained but you can get the same vacated. Should not be difficult in your case as there was a written lease and the lease term has come to an end.
