shankar (Manager) 19 March 2014

Eviction on the grounds of wilfull default

Dear Sir/ Madam,

I have been going though a lot of torrid time due to the delay in evicting my tenant on the grounds of wilful default.

On 2 occasions, my eviction order was passed by the small court and my tenant is not vacating and now my tenant has appealed for stay.

My Query is

(1) How the court is admitting the appeal without my tenant not depositing the rental arrears for the past 2 years.

(2) How long it will take for me get back my house

(3) Is there any legal implication, if I sold my house pending the court case( I am fed up with our Law)

Thanks and Regard

Shankar.G

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2 Replies

Advocate Ravinder (Advocate/Attorney) 19 March 2014

One. Your Advocate is not proceeding the case properly. There is a clear cut clause in the A.P. Buildings (Lease, rent and eviction) Control Act, that when there are dues of rent, the appeal will be dismissed automatically. When the appeal is dismissed, your lower court order will come into effect and the tenant should be evicted accordingly. File E.P. Proceedings immediately. Change your Advocate.

Two. The EP procedure will be very long. It may take one year to get vacated.

Three. Don’t blame the law. Because of huge population, heavy cases, shortage of Judges, the cases have piled up. Normally it will take some time. It depends upon your advocate. He can insist the court to push up the case. If anybody comes forward to buy you can sell, there is no complications. But the buyer may ask for some less amount than the market value.

T. Kalaiselvan, Advocate (Advocate) 20 March 2014

I agree with the opinion expressed by learned Mr. P. Ravinder. The court will take its time, you cannot put pressure on it which is already over pressured.