Tenant demolished structure during pendency of case
naveenraj jain
(Querist) 30 November 2014
This query is : Resolved
Respected sirs A landlord filed eviction suit against the sole tenant last year. Corporation has issued notice of demolition for dilapidated conditions recently. It has come to notice of landlord that the tenant is planning to break down the structure and claim compensation from the landlord as damages. Case is pending disposal. What happens if the tenant succeeds in his truant ways. Will landlord be liable for the damage. Kindly help
Guest
(Expert) 30 November 2014
Consult a Good Local Advocate and Serve a Legal Notice For Eviction Explaining and Enclosing the Corporation Notice by Registered Post and Also Stick them on the walls of the Building So that No Damages Could be Claimed by the Tenant.Copies Could be marked to Local Police Station and Senior Police Officers also.So that the Tenant can not make any Claim for Damages Including Life.
Rajendra K Goyal
(Expert) 30 November 2014
In addition to above advise, inform the court about demolition notice in your eviction suit.
Devajyoti Barman
(Expert) 30 November 2014
Why is the order passed? Demolition notice can always be challenged by tenant.
ajay sethi
(Expert) 01 December 2014
have you obtained structural engineer report as to condition of building ? is the building in dilapidated condition ? challenge the demolition notice issued by corporation if building is structurally sound
naveenraj jain
(Querist) 02 December 2014
Sir Demolition order was issued because the property was earlier subject to acquisition by metro rail and demolished in a haphazardly manner. Now the remaining structure is in shambles. But tenant is adamant. The landlord has indeed issued notice informing about the order from the authorities instead of Vacating he has challenged the order. Even power company has refused to take action since tenant is regularly paying bills. The landlord has tried to talk to the tenant tenant but the tenant is not budging.
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
The best way to tackle the issue is o approach the court with the developed issues as advised by expert Mr. NJS Rajkumar.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup