Ongoing case for tenant eviction - advice
Chandrika Subramaniyan
(Querist) 20 March 2012
This query is : Resolved
Dear JSDN...as you seem to be specialising in Property law...thought your input would be invaluable.Greatful if you can kindly advice and state your opinion. I also give below a brief on the vackground below. Thank you
My question and advice required
What are the possibilities of these cases concluidng in my favour fast or within 6 months or so ? What are the possible delays the opponent can create going foward ? How would you fight the defense,,,,just trying to know how these things work....how best my lawyer can fight the case to successful conclsion and ad esarly as possible
Brief History & Background
Wanted to sell my property in Chennai ain 2010. Tenant who lives with his family was eager to buy.We agreed on price and tentative date for transaction.But Tenant kept postponing the sale. A year has gone by and he has not come forward with the agreed price and therefor my lawyer thought best to file a case for eviction on the grounds of owner use and we have filed a case. He has replied saying I have other house to live in and therefor I do not require this flat. This is not true as this is the only property I own.The house I currently live in belongs to my Mother and Brother. Tenant has stopped paying rent from 01 Aug 11 (Jul 11 rent) till date.I have had no problems with him till the case has been filed. He has also rented the flat opposit to mine and enjoys 2 flats in the same floor for a family of five.And I think he also is in the property field buisness and probably owns two housed in chennai...one in the same area where my flat is although I have no proof.He is also involved in 3 other cases related to property.
Current situation
2 Cases filed...one on the basis of owner occupation in Aug 2010 and 2nd one for willful default of rent arears for over 7 month (from the time the 1st case is filed)
I had appeared in court 5 times for opposition to cross examin but they did not so they were given an ex parte. The rent arears on 2nd case has been recieved by my lawyer but lawyer is taking the case foward on willful default but accepted the payment in DD.
PS : My mother is 84 yrs old and wants to settle everything for me and brother when she is still around. Also evicting by force (Other means) does not appeal to my moral sense and also it is a double edged sword. Any force may bring us similar reaction.
Thank you
Sincerely
Chandrika
Raj Kumar Makkad
(Expert) 20 March 2012
So far as matter between your mother and you both brothers is concerned, it shall be better to have a gift deed in favour of both of you which attracts a minor stamp duty. In case this is not possible, a will can be got executed and registered by your mother and you may take POA for her life time to see the cases on her behalf.
Now come to main controversy. If a landlord successfully proves the ground of his personal need, a tenant has to vacate the rented property sooner or later. Court proceeding take its own time. Now the tenant has been proceeded with ex-parte so there is hope of decision within a short period. The non-payment of the rent shall also be a good ground for eviction.
ajay sethi
(Expert) 20 March 2012
1)you cnanot use force to evict your tenant . it may boomerang .
2)as far as your mother is concerned ask her to make a will wherein she can bequeath the property in your name and your brother .
3)as far as court cases are concerned it would depend upon pendency of cases in the court wherein you have filed the case .
4) you have good case for eviction as you dont own any other property as other property is owned by your mother . draw attention of court to properties owned by tenant
