Rental issue
kadhiravan
(Querist) 16 May 2014
This query is : Resolved
CAVEAT
when i asked my tenant(CAVEATER) to vacate the shop as there was no rental agreement made and had given 3 month time he has filed me under section 148-A of the code of civil procedure
THE BELOW MENTIONED IS WHAT HE HAS STATED BY HIS LAWYER
1.The caveater submits that the respondent without any reasonable of bonafide grounds with an malafide intention to lockout the shops permises in the occupation of the caveater without any default. and now the respondent is threatening that he is going to file a case and obtained the interim order against the caveater and hence the present caveat petition.
2.The caveater submits that in case the respondent filed a suit before this Hon"ble court seeking an order of injunction against the caveater herein and hence the caveater submit that if any suits are likely to be filed by the respondent, the caveater may kindly give an opportunity and to hear before passing an exparte order against the caveater.
This is was the caveat sent to me.
I never told that iam going to file any complaint
but he has taken precaution measure
The Tenant also booked a case on me at the police station stating that i have threaten him.
Please give a solution for this as i told him that i will also go to the court.
And also could you please tell me how many days will it take to solve the problem
Regards
Kadhiravan
Lawyer SALEEMA KABEER
(Expert) 16 May 2014
The only purpose of filing Caveat under section 148-A of C.P.C.is that the caveator should be given notice before granting any interim relief to the opposite party, if he moves the Court for the same in respect of the subject matter.
In other words, in order to avoid exparte interim orders, which is likely to be granted in an anticipating case of opposite party.
It is only a precaution step taken by the tenant. However, either the caveat or police complaint will not obstruct you from taking proper legal steps to evict the tenant.
Dr J C Vashista
(Expert) 17 May 2014
Well advised by expert Saleema Kabeer, I agree.
malipeddi jaggarao
(Expert) 17 May 2014
Whether police have made any inquiries with you regarding the complaint filed by the tenant? What are the contents of the complaint? If inquired, you can tell your stand to the police and seek their help to get it vacated.
Regarding Caveat as expert Saleema explained, it is only get the prior information in the case if at all if it is filed by you. Ignore the caveat and go ahead with your legal action. Consult a lawyer, attribute unauthorised occupation and arrange to serve notice. If he does not vacate file a suit for eviction taking the local lawyer's assistance.
Rajendra K Goyal
(Expert) 17 May 2014
Caveat or the police complaint are pressure tactics for not taking any step by you against the tenant. However, it never prevents you to take help of law for your rights as landlord.
Advocate. Arunagiri
(Expert) 17 May 2014
The law gives protection to the tenant against unlawful eviction.
At the same time the landlord is having the right to evict the tenant who is default in paying the rent.
If he is not vacating the premises you have every right to file a eviction petition before the rent controller.
Lawyer SALEEMA KABEER
(Expert) 17 May 2014
Rental disputes arose inrespect of building situates within the limit of Municipalities and Corporation in Tamilnadu state, the Rent Controller having jurisdiction and the state rent control act will apply.
But, in respect of building situated out side of the said Municipalities or Corporation limit, Civil suit alone can be filed for the rental issues .
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
As very well explained by Advocate Saleema Kabeer, the caveat is just a notice to you that let nothing be done in the above matter without notice to the caveator. It is not restricting you to file an eviction petition for default in payment of rent, you can very well go ahead with a rent control petition or a civil suit as applicable for evicting the tenant.
