Balakrishnan Nagarajan (PA) 19 May 2014

Tenant threatening us (owner)

Dear Everyone,

We are residing in madurai and my father rented our 5floors building house to a North-indian for commercial purpose. We have asked the Tenant to provide our home back on 2010, as the current home where we are residing got too old and not safe for stay (very old building).

After 2010 March, Tenant stopped giving the Rent and also not willing to vacate our home. We filed a case against him in District court. He never ever attended any enquiries and now we got the EX-PARTEE eviction for the tenant on May 19th 2014.

We have gone to our home on May 17th 2014 and asked the Tenant to vacate and now he is threatening us that, he got too many workers in the building and will throw us out of our own home. He also told, "I will never give rent or vacate home. Do whatever you can do".

I asked my father to file a case with Police for this threatening, however our advocate refused to do it. Now our advocate also mentioned that, now we need separate instruction for Police to get this involved.

I am really struck and couldnt help my father. Need of expertise advice how to approach the issue. We need that Tenant to vacate our home. PLEASE HELP!!!

Thanks,

Bala N.

+917760686190

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10 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 May 2014

Issue legal notice to the tenent and file a suit for possession/ eviction in the court.

kamal (Advocate) 20 May 2014

You immediately change the advocate presently who is dealing your case and appoint one good and dynamic lawyer to send a legal notice to the tenent to file a suit for possession/ eviction further.

Don't hesitate to pose any kind of legal help .

Naveen Kumar (service) 20 May 2014

What is the court order, there is any time limit to vacate ?.

Naveen Kumar (service) 20 May 2014

Originally posted by : Naveen Kumar
	What is the court order, there is any time limit to vacate ?. Now the tenant is not vacating its contempt of court order. Give letter to jurisdictional corporation/police station stating that the building is very old and its not safe for any purpose and you wanted to demolish etc., etc., Also bring this matter to paper or media. Future you will be in safer side if anything happen. File a police complaint against the tenant for threatening, defamation etc.,

Balakrishnan Nagarajan (PA) 20 May 2014

@Rajeev, Kamal,

Thank you.

@Naveen,

90 days of time for eviction and that time period completed by yesterday. And Naveen, the current home where we are residing is the older one and needs to be demolished. Hence we need the House where the Tenant residing.

Now, we have been told, they have filed a Set-aside to avoid the eviction order. as the court in Summer vacation, we couldnt proceed anything, other than waiting.

is there any way to close the Shop, legally? with help of Police.

T. Kalaiselvan, Advocate (Advocate) 20 May 2014

You cannot get any remedy through police at this stage, you have to get a court order for eviction through an EP and police held can be sought then through court for eviction. Since this being a vacation period, you may either wait of file EP in the vacation court. If you do not have confidence in your lawyer, you may change the lawyer immediately.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 21 May 2014

Unless and until, the exparte eviction order has been set aside or any stay order is in force restraining the landlord from executing the eviction order, as rightly said by the learned advocate Mr. Kalaiselvan, you can evict the tenant by initiating execution proceedings. No doubt, you can also avail the police help by getting order to that effect, if circumstances warranted .

Balakrishnan Nagarajan (PA) 26 May 2014

Hello Sir,

Thanks for your suggestion!!!

May i know, how much amount it will be charged in Madurai District court for the EP?

Thanks,

Bala N.

T. Kalaiselvan, Advocate (Advocate) 26 May 2014

The advocate fee may vary from one advocate to another, it depends on the advocate you may be approaching. Thus, you cannot get a definite figure about the fee of an advocate here in this forum. You can always negotiate if you feel the fee charged is too high.