landlord tenant dispute
Dr. Ravinder Verma
(Querist) 02 March 2011
This query is : Resolved
hi all,please help me out. i am a tenant for the past 5 years and running my clinic at a cabin in a showroom.i had a an agreement of 5 years lasting dec,2012 with the landlord,but landlord died one year back,his son now wants to vacate the premises and gave me a notice of 15 days to vacate,failing which he filed a case of eviction against me,i m paying my rent 4400 through check regularly without fail,from december onwards he refused to take cheque also,they sent me notice U/S 106 of T.P. act,my agreement is duly attested by notary but not registered,
i hired a lawyer and case proceeded and now nxt date is 28th march,now i am facing a new problem again,my landlord is starting a new business in his premises in which i hav a small cabin where i practice,i am suspecting he is going to interfere in my business like he may throw away my signboard and put up his signboard at that place and may paint his signboard at my place,and he may obstruct my cabin entry in one or the other way,and it may be done in 2-3days time,what should be my plan of action in such a situation???? please guide me.
H. S. Thukral
(Expert) 02 March 2011
You can file a suit for permanent injunction if your rights are violated in any way. You can ask for interim injunction during the pendency of the suit.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 March 2011
There are number of defenses available for the tenant. Right from issue of notice. Please see that pleadings are drafted properly. The suit can be dismissed even for defect of notice. Pl study the rent act provisions carefully.
If proper care is taken no tenant can be evicted.
G. ARAVINTHAN
(Expert) 02 March 2011
File a suit for injunction, not to evict you except under due process of Law and produce copy of all documents, you have in your favour.
