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swati (na)     05 July 2014

Tenant not vacating house in ludhiana punjab

Hello,

Tenant is staying in house in ludhiana punjab  since last 11 years without legal agreement only verbal promise. Now when we need our house for personal use .Tenant is not vacating it despite of repeated reminders , request..etc. He is giving nonsense reasons since last 1.5 years & not going. We didnt give him any rent receipt there is no written agreement.  Can he claim on the property?  Can he take stay orders from the court and live in the house for some more years? What to do to evict him. What legaly we can do?



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     06 July 2014

Issue a legal notice to tenant and ask him to vacate the premises as the rented premises are required to you for your personal and bonafide need and also claim therein due rent.If notice not complied with then file suit for eviction against tenant in court on ground of personal and bonafide  need and default in making payment of rent.

Biswanath Roy (Advocate)     07 July 2014

Issue legal notice against the tenant directing him toquit and vacate the demised premises on two grounds namely,-1.  Default in making payments of rent for couple of months and 2.  You reasonable require the tenanted portion for own use and occupation.  For realization of arrears of rents you can pray for issuance of distraint warrant against your tenant and can attach his movable properties.

T. Kalaiselvan, Advocate (Advocate)     07 July 2014

Issue a legal notice, simultaneously file a caveat petition too so that he does not takes a stay order against you without your knowledge.

swati (na)     07 July 2014

Thank you Adv. Bhartesh Goyal, bishwanath Roy & T. Kalaiselvan.  

How much time period is there to vacate house  in the legal notice. How many years it take for case decision after both the parties have moved to the court.? what happenes if he takes stay order?

Biswanath Roy (Advocate)     07 July 2014

If you can obtain an order for distraint you will get the entire arrear of rents alongwith interest within seven days.

If your lawyer is keen to render his service sincerely and the court acts in usual manner it will take about 18 months for final disposal.

T. Kalaiselvan, Advocate (Advocate)     07 July 2014

I agree to the views of expert and senior learned counsel Mr. Biswanath Roy Sir, that it depends upon the advocate who takes up the case to get it disposed within two years or more.


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