SelvaGanesh (Private) 14 April 2025

Tenant posing himself as not aware of legal eviction proceedings

Hi,

We got into a tricky situation inspite of getting legal orders from Court to evict the tenant.

My mother rented our property to a shop around 30 years back and had a agreement while initially renting them. After the expiry of agreement it was not renewed and after of couple of years the rented person and his son was running the shop evntually due to age the person who we originally rented stopped showing up and it was in son running the shop making rental payments through cheque or transfers but always turned down signing agreements. Few years back he stopped paying rent as well and we went to court filing eviction against him and recently received court order to evict him.

Now his aged father, the orignal person who took the shop initally is claiming that he is the person who is at rent and still running the shop and paying rent (though he is not doing) & that this order is not applicable for him since its issued in son's name. He has filed petition in court with this grounds & intial agreement as proof making the eviction order as invalid & claims his son havent informed it on this.

We are confused after years of contesting and getting order in our favour & now being again getting this issue.

Any advice is appreciated.

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8 Replies

Real Soul.... (LEGAL) 14 April 2025

He is right , the case is filed against wrong person , it was necessary to filed case against the original perosn or was suppoused to be enjoined as defendant . Either amend the case through proposed amendment of withdraw the case with liberty to file a fresh suit

T. Kalaiselvan, Advocate (Advocate) 14 April 2025

It is a grave mistake from your side to sue a wrong person. You should have filed the case against the original tenant and not against his son or any other person who are not parties to the suit property, especially when the original tenant is alive and is stating that he is still the tenant and not his son.

You may consult your advovcate and plan to file a fresh eviction suit

P. Venu (Advocate) 14 April 2025

Who was the defendant/respondent in the eviction proceedings? Was it the son? Did the son object to the suit on the ground of misjoinder of parties i.e eviction of the father (and not the son) ought to have been sought?

Has the Court issued the decree for eviction? And based on the decree, is it that you have filed execution petition for the eviction of the son?

Please post complete facts.

SelvaGanesh (Private) 15 April 2025

The defendant/respondent in the eviction proceedings was his son. The case ran for 4 to 5 years timeframe with son filing response petitions and having a advocate to respond. After all this when court order was obtained to evict the tenant The father showed up with petition that he is unaware of this happenings and his son havent informed him.

Dr. J C Vashista (Advocate ) 15 April 2025

Seek professional services of some other local prudent lawyer and move according to his / her advise for eviction of original tenant with recovery of outstanding rent.

P. Venu (Advocate) 15 April 2025

"The father showed up with petition that he is unaware of this happenings and his son havent informed him."

When? Has the father sought review of the eviction proceedings?

Have you filed Execution Petition?

SelvaGanesh (Private) 15 April 2025

When? Has the father sought review of the eviction proceedings?

The order pronouned orders and son came up with petition and it was dismissed post that father came with new petition to like this.

Have you filed Execution Petition?
No. The father has turned out to review the orders when we were about to file this.

Real Soul.... (LEGAL) 15 April 2025

Originally posted by : SelvaGanesh
	When? Has the father sought review of the eviction proceedings? The order pronouned orders and son came up with petition and it was dismissed post that father came with new petition to like this. Have you filed Execution Petition?No. The father has turned out to review the orders when we were about to file this.

That is really supression of facts , if Son admitted that he was running the shop and submitted his written statement then the case is differant, but why was not the father being original owner joined in litigation? can you rpovide written statement submitted by son ?