Hello everyone,
I am going through a tricky issue with regard to evicting a tenant from my house. Please provide me your suggestion after reading below message:
1. I bought a house at Salem (Tamilnadu) in May 2009 for 18.25 lakhs - Of which 14 lakhs was taken as home loan from State Bank of India, Salem and am still paying EMI of Rs11,800/month
2. This purchase of house was made by my cousin (who is my Power Agent in Salem), based on my request
3. Later I didn't use the house for an year, since I was working at US and later in January 2010, I came to India for my marriage
4. In Feb 2010, my paternal uncle (Father's elder brother) and his wife requested me to give this house on rent to them - I too agreed due to his health reasons. But we didn't make any agreement as such and I didn't collect any advance from them - Rent was fixed as Rs 2500/month
5. Unfortunately, my paternal uncle died due to his health reasons in the same month (Feb 2010). I didn't ask for rent for another 6 months, though my uncle's family was staying in that house
6. Later when I asked them for rent, they said the rent will be deposited to my ICICI bank account - They did it for 10 months
7. At one point of time in Dec 2010, before returning to India for good, I thought of selling this house in Salem and buy a new house in Chennai, so that I can live with my family (wife and daughter)
8. I informed my aunt to search for a new house, as I am trying to sell this house in Salem - She agreed to it
9. For some reason, we started hearing from brokers who were helping me in this sale procedure, told me that my uncle's family is creating stories to stop the house from being sold
10. I decided to sell it as soon as possible, even if the price is less than market value. Actually I didn't want to have any issue with my relatives. When my uncle's family heard this, they stopped paying me rent (last payment was made in sept 2011)
11. In March 2012, we found a buyer for the house (who is himself a broker) and he will renovate the house and put it for resale (after buying from me). An agreement was signed and an advance of 1 lakh was given to me and we mutually decided to wait for 4 months of time, as tenants were yet to be vacated
12. After this only all sort of issues started for me...My uncle's family didn't bother about paying me rent. They didn't allow the buyer of my house to check the issues to be renovated
13. Since I work at chennai and I cannot travel from Chennai to Salem frequently, I seeked help from Nearest police station who promised me that they will ask the tenants to mutually agree on a date when they will vacate the house.
14. For some reason, police also didn't respond after my request was made (later I heard that they were supporting my uncle's family - which i am not sure)
15. Meantime, my uncle's family applied for temporary injunction in a civil court (in April 2012) against them being asked to vacate - Though there were no proofs with them, Court also granted them temporary injunction and asked us to file our information
16. Twice they have avoided to appear before the court, when they were supposed to show their proofs for seeking temporary/permanent injunction - So, the court is also giving another date in next month (like vaaidha)
17. All of a sudden, a person from their side called me and said they are OK to buy my house at Rs 26 lakhs, but they need a copy of my registration document - I thought this is a sign of ending up this issue and sent them by email. After sending it, no one from their side is picking the calls. Now I have doubt on them getting my document too.
18. Even though my house is almost sold, my tenants are making me pay my EMI - Now I am staying in a rented house in Chennai (and as you all may know, if I need to buy a house the prices are also going up in chennai)
Questions for the respectable community members:
1. Why would the court support tenants only, when the owner of the house needs it for sale purpose?
2. How should I inform the court regarding that I am already paying EMI for salem house and staying in a rented apartment in chennai (total rs 22500), which is making my family economic situation worse?
3. Is there any suggested way that I should follow to tackle this tricky thing?
4. How long this procedure might take?
Thanks,
Sridhar
9952096376
