Jayesh Deokar (Advocate) 16 May 2013

Selling of house whilst eviction suit is pending

Dear Lerned Experts,

Please Advise-

Can I sell out my house when the eviction suit filed by me against the tenant is yet to be disposed off by the court? If yes, under what provisions and whether the tenent has any preference to purchase the said property? If no, please suggest me the appropriate course of action that I should take up to evict the tenant.

Somehow I want to sell out the said property.

The Circumstance of the case are as under:-

1. The Property is situated at Aurangabad, Maharashtra.

2. There is no Leave & License Agreement between me and the tenant. It was mutually agreed, and the tenant has been depositing the rent to my bank account without any default.

3. I have clear title to the property.

4. The tenant has also admitted the tenancy.

5. My ownership is undisputed.

6. The tenant is refusing to vacate stating that he has no other place of his own to reside and that apart from Aurangabad house, I own two more houses, one each in Pune and in Navi Mumbai (I do own - but does it have any bearing on the case?)

7. I'm currently residing in my Navi Mumbai house.

8. The case is referred by the court to Mediation. However, the tenant looks no interested in vacating my house.

Thank you in anticipation.

Jayesh Deokar

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Jayesh Deokar (Advocate) 16 May 2013

A few more points to be mentioned-

1. The tenant is in possession of property since 2001

2. The eviction suit is filed on the ground - a) that I want to shift my family from Navi Mumbai to Aurangabad, and I have no other accomodation of my own in Aurangabad; b) that the tanant has changed the user of the property by starting a Beauty Parlour business in my house.

3. Also, the rent for the Month of Oct-2010 is unpaid, and having sent despite 3 notices the same is still unrecoverd.

4. The tenant has also falsely stated in his WS that I have one more house in Aurangabad. The house so stated by him is actually owned by my father which is given by him to my brother, who is residing there with his family.

Please guide.