Tenant eviction
Khaleel
(Querist) 01 February 2013
This query is : Resolved
Dear Sir,
Myself Mohammed Khaleel, I have a property in hyderabad, due to financial crisis i had decided to sell out my property in July 2012. I have 4 tenants on my property on 4 shops, after a long time finally i got a deal done in November 2012 and got the agreement of sale done by taking advance amount, as all the tenants except 1 whom this issue is all about was never available on the premises for the past two years know that i am selling off my property and they have to vacate the premises as soon as possible, the 1 tenant who was absent all the time has a relative here who also is a tenant to my neighbouring house has always been his representator, and he knew the facts that for the past 6 months i was trying to dispose my property off, finally i told him to tell the tenant to vacate the premises within 1 month as i am in urgency as i am really going through tough financial situation and i have 1 sister who is elder to me and i have to get her married after registry. All the tenants agreed to vacate and they have except this one he came after a month and started saying that you cancel the agreement and sell him the property. After a long debate i told him finally that it is not possible as i have come into legally come into agreement on paper with the other party, then he started harrassing me by bringing politicians workers to my house and saying to sell him you will not be able to sell to anyone else, as i live alone as i have no parents or relatives here except for my wife, sister and my son who is barely 8 months old, i tried my level best to be very sober with him not even provoking him on anything and said with request to vacate the premises before 1st Feb 2013, as i am going to fix my elder sister's marriage next month and travelling to lucknow for that so please be on the good side of faith and dont torcher me mentally or physically i will be truly honoured by your gesture. I left for lucknow on 16th of January 2013 and fixed the marriage date and i came back on 28th January 2013 to hyderabad. But the very next day i got a letter from his advocate that he has filed a civil suit against me, my sister and the party with whom i am in agreement with for the sale of my property, the suit is for PERPECTUAL INJUNCTION.He has stated that i and the new party has been harrassing him and trying to forcibly throw him out of the premises, he mentioned the date 18th of Jan 2013 that i personally tried to force him out of the
shop when i was not even in hyderabad at that time. Well my question to you is I have to submit the WAKALAT NAMA on 1st Febuary 2013 stating that i am ready to fight, but what kind of precautions and
steps should i take to make him leave my place as he is totally wrong and trying to damage my life financially and mentally please advice as soon as possible that what strong holds do i have on my case to
throw him out of my placce through court's decision, I am very alone here with no one else to support me your advice will be really appreciated.
Regards,
Khaleel Abbas
R.K Nanda
(Expert) 01 February 2013
contact local lawyer.
Khaleel
(Querist) 01 February 2013
Sir,
Atleast help me with some tips or guide me how to get this case solved asap
Regards
Khaleel Abbas
Thyagarajan
(Expert) 03 February 2013
Dear Sir,
Two ways you can prepare your case. one is that when you sell your property there is no need you should vacate all tenants. There may be tenants who have entered into contract with you for some years and the term may not be over.Law permits you to sell your property and it is for the new owner who should manage the tenant later.
The other way if the tenant is in default of paying you rent for more than two months consecutively he becomes illeagal occupier and new owner can evict him
Khaleel
(Querist) 04 February 2013
thanks alot sir(THYAGRAJAN), he is a defaulter for the past 4 months in rent now, and he has filed under 151 of CPC i have prepared my counter lets hope for the best
