need time to vacate the rented house
MPK Mahendra Varma
(Querist) 07 February 2014
This query is : Resolved
One of my friend is living in a rented house with his family and the house owner asked him to vacate the house for the past one year due to his family problem his brother met an accident last year and hospitalised for 6 months and now his father his hospitalised due to kidney problem at this time his house owner his threatening him to vaccate the house can u help him to legal action on his house owner and ask time for somore months
Kiran Kumar
(Expert) 07 February 2014
Better talk to the landlord and request for some more time.
It will be good if some written compromise is effected between the parties.
Otherwise, your friend may seek injunction against the landlord, but the litigation will sour the relationship. If your friend has no intention to damage the relationship then better talk to the landlord and seek some more time.
MPK Mahendra Varma
(Querist) 07 February 2014
Mr kiran kumar sir on what grounds we can file a petition for seeking injunction against land lord and what are all the required documents
prabhakar singh
(Expert) 07 February 2014
A tenant can not be evicted forcibly.Due process of eviction is necessary by landlord under which he is required to terminate the tenancy after serving one month notice of vacation of premises and on non compliance of notice he is required to file a suit of eviction in court.Such litigation takes time and often contested upto supreme court.
In case landlord is trying forcible eviction tenant can file injunction suit with allegation of his tenancy and possession praying relief against his forcible eviction by landlord with evidence proving his tenancy.Court would grant the relief.
Although litigation should last choice as it invokes bitterness.
Raj Kumar Makkad
(Expert) 08 February 2014
I do agree with the experts hence no more to add.
