My tenant refuse to vacate the house
Prakash N K
(Querist) 14 May 2014
This query is : Resolved
Dear sir/madam
My Father had been allotted a Tamilnadu Housing Board Plot and HB constructed House also for which my father was paid the installment due to HB. After construction was over, my father letout rent to a tenant in the year 1988 by a meager amount of Rs.500/=. There was no rent agreement was done between my father and tenant. He was paid the rent regularly, Suddenly my father expired in 1991, I was paying the installment to Housing Board and completed. The tenent paid the rent up to the year 1998. I was a small boy at that time. Thereafter tenant stopped by paying rent. I urged to him to vacate the house from that year onwards from the year 1998. Whenever I went to there to vocate, the house was locked. I was very much disappointed. Several times I approached him to vacate. Later on I came that he is a political person. (basic ground political)
He constructed some walls in front of the house and putting doors on the vacant area of the plot without my knowledge. I fired him how would you construct the wall without my knowledge. But he told that it is only temporarily constructed for shadow. Thereafter without my knowledge he constructed some side vacant area by A.C sheet. I came to know that constructed, this is a wrong way, you have to vacate the house immediately. He said something to postponed.
Thereafter, Due demise of my father and mother (mother also expired in 1991), I register the document from the Housing Board in my name and also changed the Property tax, Water connection tax, Drainage tax and also the electricity connection in my name immediately for the safe guard of the house.
Now, He is refusing to vacate the house, He said, I am staying here for longer period, So this is house belongs to me only. You can get this house through court and also he threatening me also. And also he demands lacs of Rupees.
Since he is a politician person, His son is a accused person. I am somewhat afraid and I am also having family.
Is there any legal eviction procedure to vacate the house ? Please help me
ROHIT SHARMA
(Expert) 14 May 2014
1. File a police complaint against him u/s 447 ( criminal trespass) & 448 ( house trespass) I.P.C. since he has no receipt of rent or other proof that the house was given to him on rent and now that you have the house on your name you can report this matter to the police of him giving you threat to your life u/s 506(2) of I.P.C.
2. Do not worry even if he is politician.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Rajendra K Goyal
(Expert) 14 May 2014
Send legal notice to vacate the house failing file suit for vacating the house and claiming arrears of rent. Consult a local lawyer.
The case may take 5- 10 years.
Prakash N K
(Querist) 15 May 2014
Dear Rohit shamar sir,
I saw your reply very much thank you for good suggestion. May i ask a question about the the section u/s 447 (criminal trespass and u/s 448 (house trespass) IPC. Can you explain these section briefly to me so that i can complaint him. expecting your reply sir.
thank you
ROHIT SHARMA
(Expert) 15 May 2014
Dear Mr. Prakash N.K.
1. Criminal trespass implies that any stranger or unauthorized person enters into the land property of another owner with an intention to occupy it forcefully and illegal is deemed to have committed an act of offence of criminal trespass punishable u/s 447 of I.P.C. In you case he has put his lock and has forcefully restraining you from getting into occupation of such of your own property ( this has now mutated in your name) and he has no evidence that he is the tenant and nor have you entered into any agreement with him for such purpose. He is therefore s stranger and unauthorized person in so far as you are concerned. You have to feign ignorance of him being the tenant during your father's time. You can always state that even at that time he has forcefully gained such unauthorized possession and because of that your father had died in utter grief.
2. Similarly the same offence is deemed to have been committed when the trespasser enters into a dwelling house of another person the the punishment is inflicted u/s 448 of I.P.C.
3. The first step is that you should install a sign board near such house of your citing thereupon a public notice that this the owner of this house is you( put your name) and any person trespassing such house without permission of the owner would be liable to be prosecuted. Then take a photograph of such notice board when installed.
4. You will need more further in depth consultation with this lawyer so that you can are acquainted with more lawful procedures in case the police does not respond to your complaints.
5. If need be contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com.
Prakash N K
(Querist) 15 May 2014
Dear sir,
I am very much impressed your answer and thanks a lot to you for briefing the said case.
If any help i will contact you sir
Thank you very much.
N.K.Prakash
T. Kalaiselvan, Advocate
(Expert) 16 May 2014
It is better to file an eviction suit because the criminal trespass before the police can be manipulated by him with his influence and you may not be able to seek further legal recourse against him for any other relief being the same exhausted now itself, consult a local advocate and decide.
