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justicedenied (ooo)     14 March 2011

landlord rights tenants no rent paid and not vacating

 

hello sir my mother had bought the maternal property 23 cents after partition in kerala in 2001.she paid every members there amount who had right her three sisters and including her mother{my grandmother}.in 2003 one of my mom's sister who were living near our property had dispute where she had been living as they didnt pay rent they surprisingly entered our owned property and started living.my father didnt want to create problems so in 2003 during vacation he met them[[[{my mothers sister,her husband{not working never worked till now},her son]]].and signed 11 months agreement this thing happened till 2010.rent was just 600 rupees which my mother never asked as she was her younger sister just as a help now also.we were living in north as my father had job there we have now shifted ourselves to kerala.when my mother asked them to vacate they gave her lame excuses and never responded when they will leave.then on there was three months agreement it also got expired.then on july 27th 2010 my mom with the help of lawyer served a notice of non payment of rent.the tenants claim that they didnt recieve and on 31st july 2010 they gave my mother interim injunction order stating that my fathers family had threatened them which is false as they even didn't knew about this.my father is living with my sister in north.everyone knows the truth but there is no justice.he is nearing 70 years.we also wanted 2 sell the property backside of the house but village officer said its in scheduled property so we once again raised issue then court passed an order on 8th dec 2010 that [No counter filed.I.A allowed.Temporary injunction as prayed for is granted until further orders.]].the house in which they are living is roughly 3 cents which is frontside.can we sell the property and last but not the least they have 9 CENTS of own property nearby.they demanded us 2 give 5 lacs or make a house in there property.my father is a pensioner and mother a housewife.this issue is giving us a mental torture as court has never opened the case till now always we gets dates and dates not justice.meanwhile tenant has enjoyed whole his good years without paying rent and now causing mental worries to my parents.am from thrissur is this what we get helping the needy ones we got only pain and the lawyers who should stand with truth fight for these type of people


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 2 Replies

B.K.GUPTA... (ADVISOR)     24 March 2011

As you have served upon a notice for payment of rent ,in the first place you have accepted her as your tenant.The main and only reason to evict a tenant is bonafide need for self occupation.But you have failed to create such need hence the easiest way is mutual compromise only.Don't waste time & Money in courts

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 March 2011

Yes tenancy cases are long drawn affairs in the court.


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