Tenant eviction
Amitabhada
(Querist) 18 January 2015
This query is : Resolved
We had rented our apartment under 11 month license agreement , 2.5 yrs back. The tenant stopped paying rent after 1st six month. We had given notice for eviction immediately after completion of 11 month contract. We next went to a lawyer who served them notice for eviction. Unfortunately, even after discontinuation of electricity and water supply they are still occupying. The court notices have failed to evict them. Our lawyer has put a petition for non payment of rent, he says that the papers in the court are missing after the court summon.
Can you help us with suggestion
Advocate M.Bhadra
(Expert) 18 January 2015
Dis-connection of water and electricity is an offence which may lead a criminal case against you. File a duplicate petition and issue a fresh summon by duly permission of court.
Amitabhada
(Querist) 18 January 2015
thanks so much
our lawyer told us that under 11month licensee we are eligible to do it.
but court papers and bailiff's missing notices are worrying us if something else is going on
why does it take so long to get court hearing ?
thanks again
Devajyoti Barman
(Expert) 19 January 2015
Non payment of rent is not cogent ground for eviction since if the tenant deposits the rent in court this ground gies.
You better withdraw this suit and file another suit for eviction for eviction on your reasonable ground. You seem to be wrongly advised.
P. Venu
(Expert) 19 January 2015
Perhaps, a more professional lawyer could serve your cause better.
Rajendra K Goyal
(Expert) 19 January 2015
Agree with the advise of expert Devajyoti Barman.
ajay sethi
(Expert) 19 January 2015
notice for eviction has been issued after expiry of period of leave and licence agreement . it appears papers has been misplaced in court . court will direct registry to trace case papers
Dr J C Vashista
(Expert) 21 January 2015
1. What has the bailiff to do with the court papers (stated to have been missing, since the role of bailiff is to proceed to execute the decree passed by the Court?
2. The Ahalmad of Court is responsible for the custody of paper-book/judicial file and document who can be charge-sheeted (on enquiry) for missing the documents from his/her custody.
3. Restore water and electricity connection to seek legal relief, otherwise, you will be weakening your eviction case.
4. The courts are overburdened with litigations, whereas, you have the only case from your side, think of from the side of Court and its pendency vis-a-vis resources at their disposal.
Guest
(Expert) 21 January 2015
Well Advised
Amitabhada
(Querist) 21 January 2015
Sir
Thanks for your suggestion. The folks have not paid rent for 2yrs now. Infact they have stopped paying rent after the first six months. They have neither the money to clear the arrears. They have some how got in to the our flats by conning my very old parents - who take care of the apartment.
Disrupting the electric supply and water supply remained the only option - when they are not willing to communicate at all.
Talking about water and electricity supply - it requires charges to maintain it - when they are not willing to communicate or willingness to pay anything - that's the last resort.
We understand they have been given notice by the court but the papers have gone missing.
We understand that they will not be able to pay anything- question is how can we expedite the eviction.
Is it a serious issue - electricity stoppage/water stoppage under 11 months contract - when the rent has not been paid for two years.
T. Kalaiselvan, Advocate
(Expert) 21 January 2015
Disconnecting the water and electricity supply is an act against the law or taking law into own hands. You may even say that since they have not paid the rent you threw them out of the house, do you know the seriousness of that? Well, if the court papers are missing, your advocate may be having his office bundle, if need be the back bundle of the court can be reconstructed but the matter has to be debated in the open court by your advocate upon which there can arrive a solution.
Amitabhada
(Querist) 22 January 2015
thanks sir
we had given the lawyer's notice to police they hadn't taken any action after 11 month contract got over. the lawyer gave them notice, they didn't reply.
we informed electric supply that they are defaulter of rent and we will not be liable for arrears in-case of non repayment.
should we pay their bill if they leave without payment - now the payment is 24 month overdue we have 2 lac in arrears.
can we provide services like water & electricity ?
my understanding is under 11 month contract - after the licence period is over - we are allowed to stop services -
correct me.
correct me if i'm wrong ?
