Tenant eviction
Rajeev outlook
(Querist) 19 January 2013
This query is : Resolved
Dear Sir
I own a house in Hyderabad. Due to better pvt job in vijayawada, I had given my house on rent to a well known person(unmarried pawn broker) on NO INTEREST AND NO RENT BASIS. As I had earlier borrowed some money and adjusted same for rent . However for the money borrowed , I had given him signed blank cheque & blank promissory note.
As he is very close to our family I had made an agreement on 10/- bond paper without witnesses/unregistered and with very few terms such as “tenant has agreed to stay for 11 months. This can be extended further to 4 yrs in which case all terms must to be reviewed in 2.5 yrs for mutual consent of both parties”. Also mentioned about money being taken which is returnable at the time of vacating. And for the termination 3 months notice to be given from either parties and if extended 6 months from either parties. However Not knowing the rules I had given him the original and kept the copy of agreement.
Now we want return back to Hyderabad and asked him to vacate our house after 2.5 yrs as agreed which is abt 9 months from now. But he is refusing to do so and lying that I had verbally told him to stay upto six years. He is now preparing Furniture worth 10 lakhs in the house . Until now he not staying in our house but house is being used for friends party’s , neighbours daily use , others marriages etc., without my knowledge which is against my clause in unregistered agreement.
Kindly adv how to throw him out of my house and if he can take any legal actions against blank cheque/note.
Raj Kumar Makkad
(Expert) 20 January 2013
You shall have to close your bank account first and then shall have to send a legal notice demanding from him to return the blank cheques lying pending with him and then file suit for possession.
ajay sethi
(Expert) 20 January 2013
agree with makkad . first ask him to return blank cheques and blank promissory notes .
prabhakar singh
(Expert) 20 January 2013
You have certainly made a mess on your own.Before any plan to through him out you are supposed to go more cordial with him until you get those cheques and promissory notes from him.Only there after close your a/c not earlier.Do not create any atmosphere of litigation just now as his hands are upper in the game shaped at the moment.
You can not through him out except by a suit of eviction after notice as law shall protect his de-facto possession until a decree of eviction is passed by a competent court.Your tenancy agreement is invalid and he would be treated tenant month to month.
Rajeev outlook
(Querist) 20 January 2013
Many thanks Sir(s). I will try to repay the borrowed money and get back the cheque/note first. Then give him 3 months legal notice for vacating my house.
prabhakar singh
(Expert) 20 January 2013
That is okay and you are most welcome.
ajay sethi
(Expert) 20 January 2013
thnaks for your appreciation
Rajeev outlook
(Querist) 01 March 2013
Dear Sir(s)
As advsd abv, I had repayed him the full amount and taken a receipt for same/registered. Also taken back my blank note/cheque from him. However he refused to return the Original/Unregistered rental agreement where there is a mention of borrowed money but added a line for receipt of amount with his sign. He is willing to pay 15K rent from now onwards and agreed to vacate by Nov. Kindly adv what all notices are required for vacating the house(normal post or fm court)before filing Eviction suit.Can I take possesion forcefully after giving him abv notices.
