Please help my mom's life

Varun (Querist) 12 February 2017 This query is : Resolved
Tenant has been residing in our ground floor portion for the past eight years.my mom's s arthritis patient so we decided to make them vacate and I'll be going to ground floor portion so that I can look after my mom's health.so we asked them to vacate but tenant s continuously repairs our house and when we asked he fought with us and brought an interim injunction suit against us.we don't have any agreement copy and for the past three months he s not giving rent.my questions are : in that suit they said that we asked 2 lakhs as advance and increased rent in a particular date by my mom's hospitalized on that date so how shall we continue this case or is there any possibility to compromise or dismiss or withdrawal....Since my mom's bed ridden patient she s suffering a lot...

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Guest (Expert) 13 February 2017
Well, to be frank you ought to have initiated an eviction suit in the first instance.
Now you may file a counter-claim. Report the fact that tenant is defaulter to the court.
This is going to be a hard task. Is the interim injunction still in force? Consult a lawyer who can provide practical assistance without further delay!

Guest (Expert) 13 February 2017
If the tenant has stated that 2 lakh was claimed as advance money, it is for him to prove the same. If he also claims that rent was increased let him produce evidence to that effect by producing rent receipts.
You have stated that there's no agreement. How can that be? There must be at least one agreement that was executed at the commencement of the tenancy. Utilise that!
If you compromise, you only stand to lose. Withdrawing is an option available to him and not you. If it is dismissed, you stand to gain.....

Rajendra K Goyal (Expert) 13 February 2017
Oppose his claim on merits. Initiate vacating of the premises proceedings.

For any further advice case file need to be referred, Discuss in detail with local lawyer.

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