Landlord and tenant
iTuzzar
(Querist) 01 April 2013
This query is : Resolved
Dear Sir,
I had given my house on rent to a tenant on 11 months' agreement five years ago. After expiry of agreement, the tenant turned out and trespassed in my house with malafide intention to ask lacs of rupees from me. I had personally, verbally and telephonically told to vacate my house. But till date, he has vacated the same.
I have kept original copy of above agreement with me. The tenant does not have any document in this regard.
In 2008, I had executed deed of agreement to sale on Rs.100 stamp paper with Mr.X, the original document of which is not with me but it is lying with in the custody of Mr. X. I have not retained its copy. He had given me Rs.10,000/- cash as earned money.
But due to some personal problems,after a couple of week, I had verbally shown my intention not to sell the said house at present. I have given Rs.10,000/- back to him by cheque instead of cash, but till date, he has not deposited the same in his bank account. Upon this, Mr. X threatened me to sell this house to him only at price lower than market rate at any cost and to file a suit against me for non-compliance of agreement which was to be expired after six months from date of execution.
My question is whether can I sell out my house to any other persons except Mr. X today legally with occupation of tenant ?
Would you please suggest me any remedial action for forcing the tenant to vacate my house ?
Advocate M.Bhadra
(Expert) 01 April 2013
Eviction of tenant is a lengthy process of laws,You can sell your house with rented portion also.For selling your house you can send a lawyer's notice by canceling the said agreement compel to Mr.X(buyer) has not come to complete the sale through a Deed of Conveyance within schedule time.
ajay sethi
(Expert) 01 April 2013
if tenant had not vacated house even after expiry of agreement why did you not file suit for eviction ? what were you doing for 5years?
as far as agreement to sell is concerned since agreement is not regd and you have retruned the earnest money you are at liberty to sell house to thrid party . if any suit for specifc performnce of agreemnt was to be filed Mr X would not have waited for 5 years . it is however necessary to go through the clauses of agreement to advise further
before selling your house first get rid of tenant . then only will you get good market rate for your property
Devajyoti Barman
(Expert) 01 April 2013
Send eviction notice and then file eviction suit.
You can sell tenanted property as well.
Raj Kumar Makkad
(Expert) 02 April 2013
Nothing to add more in the given replies.
