This is Narayan NRI writing from Singapore, past 15 years am working in abroad, and owned a house in my name in Tamil Nadu, Nellai Dist, Tenkasi in India.
My father (old man 74+ recently had 2nd time cardio mitral valve replacement surgery in Trivandrum KIMS), he rented 1 room and a hall in the backyard (about 1000 sqft) of the house for Rs 3000 since Nov 2003 with every 11 months tenancy period rental agreement valid till Aug 2009.
Similarly front portion about 3000 sqft rented to a minimart for Rs 7500. Both are commercially and commercial property tax paid by myself.
Both tenant are running business and earning quite well. Both tenants recent 11 month agreement with my father was expired in Sep 2009 -a year ago, and till now they are not vacating.
Early this year My father visited the Shops and realised that both tenants are modified and removed quite number of windows, few electrical appliances and even sub-rented a portion of unit. My father was bit upset and questioned them, part of argument one of the tenant assaulted my father. Right after the incident I made a police compliant and local DSP ordered the tenants to submit a written statement to vacate in 3 months (Valid up to 31st Jan 2010) and also my father not to enter to House till they are vacate the shops.
Within few days later, both tenants are started to send legal notice and lodged a case with rent control board to seek court permission to credit the rent in court. Tenants got local police and criminals support, in other end they also demanding Rs. 10 lacs to reach an out-off court settlement.
After the above incident, end of last year activated a civil lawyer in my home town, Lawyer suggested no official respond required from my father and he does not have any authority to rent my house and he has requested a power of attorney to my relative/ to himself to lodge a legal case. Lawyer also mentioned that legal case may take up to 2-3 years and it’s not easy to get court order/stay to close the shops immediately.
In view of my father age and health condition, registered the power to my relative to face the legal suit, so for court hearing was adjourned many times and not near to any verdict. Lawyer suggested to arrange a local comission via court to assess the property modification damages and also the sub rent details, am not too sure how long this process will take
Right now am planning to migrate and badly need the rented place to perform major renovation/rebuild the old shop houses
Is there any possibility/Option I can quickly activate to evict tenants/ immediate court stay to close the shops?, If required am even ready to demolish a portion of old house to evict the tenants and to start the construction,
Sincerely.
Narayan
