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Dinesh M   02 July 2023

Misusing the rented property

Sir,

     I rented out my own house with 11 months agreement for house purpose only .Agreement is not registered. After 3months tenant opened political party office,placed flag,banner in front of my house without my permission.He setup a cow shed back side and growing cows.Immediately Tenant filed a injection suit in court in district court.I filed complaint in police,District collector and municipality to remove flag,banner,cowshed. Cowshed smell is coming.And cows are roaming in road.But police telling case is in court.I attended court one time and they postponded case next month.I sent lawyer notice to vacate house.I need my house for staying and taking treatment.

      Now my question is how to remove political party flag,banner,cowshed immediately from my house. In which court i should file case.Can i made writ petition in High court to remove flag, banner,cowshed from my house.

       To vacate house should i file RCOP seperately.How to dismiss his injection case and which court i should apply to dismiss his injection case.Please reply.Thank you

         



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     02 July 2023

Now the case is in court, wait for the judgment   What is the opinion of your counsel?

Dinesh M   02 July 2023

Can i file now writ petition in high court to order District collector,District S.P to remove political party Flag,banner,cowshed from my house?

Dr. J C Vashista (Advocate )     03 July 2023

No. you will have to contest and proceed in district courts till final decision.

It is advisable to seek guidance of your lawyer who is well aware about facts and circumstances of the case and an able, compentent and intelligent enough to satisfy your queries.

Niharika Lohan   08 July 2023

Hi, I’m Adv. Niharika and here is my take on your query.

If you rent out a house then it is a lease agreement. And in your case it is of 11 months. Therefore you need not to worry about registration because as per Section 17 (1)(d) it does not require registration. It is a reality (and kind of myth) that people spend money for unnecessary registration.

Now the rent laws vary from state to state. But generally when tenant uses the premises for the purpose other than for which it was lent for, then you can go for eviction suit.

Answer to question:

Why you want to remove political party flag,banner,cowshed? Just remove that tenant from the premises by taking the above said ground.

Generally Civil Court look after these matters but it also depends in which state you reside.

WRIT petition will get rejected. High court will ask you to approach civil court.

Obviously You have to plead for dismissal of the injunction case where it was filed or applied for.

Also, cow dung is antibiotic and good for respiratory organs if that might ease your agony a little.

I hope the above information helps. If you have further query, you can contact me via email at niharikalohan@yahoo.com

 

1 Like

Jayesh Malhotra (Practicing Adv.)     08 July 2023

Yeah very well said by colleague Niharika, Cow dung has antibacterial properties. it can be used as a body pack for detoxification and prevention of pimples. Cow dung was used to treat skin diseases. So much so, it was even said to reduce infection and improve blood circulation. Cow dung and urine can be included in cleansers, scrubs and masks for both face and body. Besides skin and body, the ash produced from cow dung was even used to clean teeth; as it was said to strengthen gums. 

Dinesh, you are blessed.

P. Venu (Advocate)     12 July 2023

Any suggestion depends upon the rent laws as prevalent in the State as well the conditions/terms on which the property has been rent out.


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