Tenant not vacating our place

Praveen kumar (Querist) 27 August 2016 This query is : Resolved
Hi experts,

I'm Praveen... I came here to get your opinion on our on going case to vacate our tenant...

We have given our space to tenant to run the shop (textile shop). Made agreement in the year 2000 by my grandpa for 3 years. From 2004 he didn't renewed the agreement. Grandpa passed away in the year 2009. There after my father asking him to vacate but tenant refuses to do so. My father filed a case in Madurai district court in the year 2011. Now For past 1.5 years to 2 years tenant didn't paid the rent... Knowing that the judge asked him to pay the pending rents to us before next hearing (i.e 7th sep 2016)... Since the tenant can't able to pay such a bulk amount, he come down and said that he will vacate the place after Diwali, and he needs 3 lacs cash + 1 lac of his advance. Also tenant asking asking us to withdraw the case before hearing...

Experts, we need your suggestion to go forward. Our opinion is to vacate the tenant without withdrawing the case... Kindly guide us please.. Thanks in advance....

Thanks
Praveen

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Devajyoti Barman (Expert) 27 August 2016
Filing of suit of eviction on the ground of reasonable requirement and default of rent is now only option.
Meet a lawyer and do the same.

Kumar Doab (Expert) 27 August 2016
Your father has already approached court and court has almost decided in your favor and tenant has come running to you.

Seek counsel of a very sharp counsel to conclude it further in your favor.

Kumar Doab (Expert) 27 August 2016
Repeated at:

http://www.lawyersclubindia.com/experts/Tenant-not-vacating-our-place-613776.asp

Sudhir Kumar, Advocate (Expert) 27 August 2016
you withdraw the case and it will never (never) be vacated.

Rajendra K Goyal (Expert) 28 August 2016
Withdrawal of case not recommended.

Keep mum till next date, ask the tenant to inform the court that he is vacating the premises.

Praveen kumar (Querist) 28 August 2016
Thanks to all for your Swift responses.... Tenant also saying that if he tried hard and arrange the pending rent then we would be in problem...( indirect threatening, i.e. case will be continued by not vacating)....

Can you please tell me if tenant doesn't able to pay the rent in next hearing, what would be the judge reaction? Or is there anything to be initiated something from our side for eviction, if any? . Is it possible to the tenant to extent the hearing date after Diwali? as tenant said he will vacate after Diwali and will go smooth finish if he is genuine to vacate as he promised . will be safer for us also...

Please suggest Sir....

Raj Kumar Makkad (Expert) 28 August 2016
You should insist to the court to get implemented its order. It is now between the court and your tenant to get the execution of the order of eviction. The court has all powers to get implemented its lawful orders including sending such person in civil imprisonment and get the forceful eviction.