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tv (Tesy Designation)     25 September 2011

Tenant

My tenant has not paid rent for last 10 months and even his security deposit is over. 4 months back when we asked him to vacate he got an injunction order from the civil court. In the injunction order he has put all false claims that the tenant was threatened, tenant gave money to us when we were sick etc, which are all baseless . Realized later that this the tenant's usual practice. He had being doing this even with his earlier landlord which the earlier landlord settled out of court by paying some money to the tenant. The tenant is being helped by an another lawyer and seems to be running this as a scam from one landlord to another. We had a 11 month agreement (not registered) and which got  expired. Also we did not provide rent receipts. He has claimed that he is paying rent which is totally false. As mentioned earlier, we have not received rent from him for the last 10 months. Now his lawyer and the tenant are playing delaying tactics for their injunction case stating that the tenant is sick, bed ridden. Even the magistrate is postponing the dates month after month. The majistrate is not listening to our lawyer at all. Is it because the tenant has filed the case and he gets the priority? The tenant is freely staying on our property without paying anything. This is causing a lot of tension to my parents (property owner) who are senior citizens and are ex-service personnel. My parents health is also not good.

Our lawyer is waiting for the evidence from the client's injunction case to file for eviction. But as mentioned earlier the tenant & his lawyer are delaying their injunction case by not appearing and giving silly excuses of health.

This is our case. Experts, pls guide us for the next steps. Is there any way to expidate this case?



Learning

 4 Replies

Advocate M.Bhadra   25 September 2011

File a revision petition in High Court under article 227 of the Indian Constitution for quick disposal of the lower court's suit .Consult with a local High Court lawyer for further information.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 September 2011

Most of landlords make this type of allagations which do not stand in the court since they can not produce evidence.

 

Dear sir the legal system works on hard evidence and on basis of claims which has no evidence.What you were doing for ten long months when the rent was not recieved.

tv (Tesy Designation)     25 September 2011

Thanks Minansu Sir. I will check on this with our lawyer to speed up the case.

JSDN Sir, We took the issue lightly because, after his security deposit was also over, the tenant signed on an agreement that he will vacate on a given date. This date passed and on asking he started giving excuses that by mid of next month he will vacate. After the 2nd agreed date was also not met, the tenant filed an injunction. The tenant is now using the standard delaying tactics in this case to stay longer in the house without paying any rent.

Need your expert help here. How do we proceed?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 September 2011

Lapses for a second cause years later. You should have taken possession immediately. Now the matter has gone in court and there are advocates on both side so it will take time.


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