I had purchased a bungalow(market values 2 crore) where tenent was residing with lease expiring after 8 months of my purchase of the property. The lease agreement expired on Aug 2008 and tenents is refusing to vacate and had filed a false injunction suit against me and have secure temporary injunction against me. Even in this suit he has not claimed that he had a agreement for sale with previous owner of property. Also he filed a damages suit against the previous owner. Even at this suit too he has filed a application to implead and not to allenate both are pending.
I filed for HRC Jr Division in Mar 2009 since then this case has been dragged by him as he is very well aware of the process of law and is auditor by profession. In his objection statement he has threatened to file Specific performace case claiming that he has a agreement with previous owner for sale of the said property. However he is not submitted any such agreement before the court. We had filed a caveat in lower court.
Neither he is paying any rent since the expiry of the lease in Aug 2008 -- fyi the market value for rent is Rs 30,000 PM and claiming that he is staying in house based on the agreement of sale which he claims he has with previous owner. The previous owner denies that he had any such agreement with the tenent. The tenent claim that Rs 5 Lakh what he has paid to the previous owner for lease is adjusted toward ageement amount -- but so far have not produced any agreement before court.
HRC case has reached the stage of cross examination of mine.
My Questions are:
1. Can he get stay in HRC proceeding if he files a specific performance suit.
2. How can i expedite this case -- i am sure that tenent will go upto High Court or SC..
3. Any idea how long will it take to close this case assuming that it reaches HC
4. Any suggestion to deal with such person he is expert in dragging the case.
Thanks and Regards,
