AMIT ANAND (MANAGER) 10 November 2013

23 years tenant not evicting neither giving rent.

Respected Sir,

My father is having a tenant in Delhi from last 23 years in the upper portion of a house(house is having just 2 rooms, 1 in each floor). Agreement been made in the 1st year only for 11 months, after that nothing been done, as we used to live at Punjab. Tenant from last 9 years not paying the rent(we hav his last cheque which got bounced). Now he with his wife(both are senior citizens keep on filing wrong complaints against us at police station). Now being my job in Delhi and father got retired(about 10 years back), we want to shift at Delhi, but tenant is not vacating the house and being 6 members in my family it is not possible to live in single room. What are the chances that we can won case of eviction? Please guide as my family members are in deep depression and our whole family is being shattered.

Thanks & Regards.

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 10 November 2013

Dear Anand,

I just replied to similar query, however I repeat that in this case first issue a legal notice to the tenant to pay the arrears of rent immediately and do mention that his earlier cheque in this regard was dishonored due to insufficiency of funds and also that since you require the house for your own occupation, you ask him to vacate the house and hand over vacant possession failing which you will be compelled to file an eviction suit against him, after expiry of 7 days period granted to him in the notice, straight away go for an eviction suit against him, before that please file a caveat petition against him so that he doesnt indulge in obtaining any injunction against you.

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AMIT ANAND (MANAGER) 11 November 2013

Thanks Sir.

Just 1 more thing, he with his wife(trying to take lady advantage) keep on filing wrong complaints against my father. What should we do as it can put bad impact on our case. Please guide.

T. Kalaiselvan, Advocate (Advocate) 11 November 2013

A legal notice and subsequent case in the civil court will be enough to shut the mouths of police telling them that since the matter is before the court, these people are unnecessarily trying to divert the same by adopting psychological pressure tactics.

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