Tresspassing
shaikh
(Querist) 02 March 2015
This query is : Resolved
Hi Experts,
I have given my flat on 11 months leave. After the expiry of the agreement the person does not want to vacate or sign the new agreement or register the new agreement.
Can we consider him as a trespasser and initiate and ex-party order or criminal case.
Also is it safe to make an agreement in the name of persons wife, or it becomes difficult later to vacate since she is a woman.
thank you.
Advocate M.Bhadra
(Expert) 02 March 2015
He will be treated as a trespasser, but Criminal Case does not lie. You can send a Legal Notice to the Licensee/tenant calling him to quit and vacate your rented room for your own requirement. If the said tenant would not comply then file a Suit for Eviction of Licensee in Civil Court for reasonable requirement ground. But it is lengthy process of laws.
shaikh
(Querist) 02 March 2015
Thanks Mr.Bhadra,
As you said its a lengthy process of laws , then can't I get Ex-Party order or get the local police support in vacating him. This is very sad if the law does not understand the pains of getting a property by owners and licensee just enjoys by not vacating for years and owners has to run pillar to post for getting back his own thing..
Can you please suggest some quick solution to this legally.
Thanks for help
shaikh
(Querist) 02 March 2015
Waiting for comments from other experts as well.
Jayashree Hariharan
(Expert) 02 March 2015
Legally you can only file a case as Advocate Mr. Bhadra said.
R.K Nanda
(Expert) 02 March 2015
send 1 month legal notice to him to vacate premises failing which file eviction suit against him in court.
Guest
(Expert) 02 March 2015
Well advised.
Kappil Cchandna
(Expert) 03 March 2015
Dear,
Send a legal notice for vacating the property ....
Kapil Chandna Adv 9899011450
P. Venu
(Expert) 03 March 2015
Is he paying the rent?
Advocate. Arunagiri
(Expert) 03 March 2015
You can evict him by following the procedures laid down in the Rent Control Act, if he is not paying the rent.
shaikh
(Querist) 03 March 2015
He is paying the rent but with a delay of 4-5 months and that also after a lot of reminders and rounds .
He is not ready to even accept or acknowledge the legal notice.
Since I am working abroad how can I represent myself in court proceeding. Even after giving POA to some I may be required at times. Is there any thing in law which can quickly resolve the matter since I may not be able to get such a long leave from my work. IS there something in law which helps NRIs ..
thanks for your input and advise.
malipeddi jaggarao
(Expert) 03 March 2015
Seeking police force is the best recourse. Use all the means to get the police assistance (though normally they will not undertake) as the term is expired.
More serious cases involving life and death also take long period in Indian judiciary system to get the verdict. Yours is nothing before such instances. Hence I do not advise you to rush to the court. Once you file a suit, till it is finalized, you cannot do any thing.
shaikh
(Querist) 03 March 2015
Thanks for your input Mr. Malipeddi Jaggarao. Appreciate it.
Will try my level best . Just in case if that does not work and if i file an eviction suit . Will the licensee has to deposit the agreed rental + penalties whatsoever in the court till the final judgement or is it that he stays freely going forward till the day of judgement and I keep on running and spending money.
Just need to know if that will serve as a deterrant to him
thanks again for your advice.
Advocate M.Bhadra
(Expert) 03 March 2015
With due respect to the opinion of Ld.M.Jaggaro please note that without any court order Police can not evict the licensee.So licensor have to file an Eviction Suit on reasonable require ground in Civil Court in respect of State Premises Tenancy Act or Rent Control Act.It is a civil matter which will take some years if the licensee will contest the suit.
malipeddi jaggarao
(Expert) 04 March 2015
I fully agree with your answer. But the person is in abroad. It is not so easy for him to fight a legal battle. Kindly read a sentence in my answer in between "Use all the means to get the police assistance". I cannot tell him directly in the public forum what to do.
shaikh
(Querist) 04 March 2015
Thanks a lot experts for your kind advise.
( Mr jaggaroa and Mr. Bhadra ) .
Just waiting a reply to my comments
"" Will the licensee has to deposit the agreed rental + penalties whatsoever in the court till the final judgement in case i file an eviction suit or is it that he stays freely going forward till the day of judgement and I keep on running and spending money.
Just need to know if that will serve as a deterrant to him ""
Thanks again!!
Rajendra K Goyal
(Expert) 04 March 2015
Repeated:
http://www.lawyersclubindia.com/experts/Eviction-of-tenant-524111.asp#.VPbWeHyUePw
shaikh
(Querist) 04 March 2015
Thanks a lot experts for your kind advise.
( Mr jaggaroa and Mr. Bhadra and Mr. goyal) .
But I missed the following points
Just waiting a reply to my comments
"" Will the licensee has to deposit the agreed rental + penalties whatsoever in the court till the final judgement in case i file an eviction suit or is it that he stays freely going forward till the day of judgement and I keep on running and spending money.
Just need to know if that will serve as a deterrant to him ""
Thanks again!!
T. Kalaiselvan, Advocate
(Expert) 06 March 2015
No is the answer for your subsequent question. Take some guidance from your own lawyer too.
shaikh
(Querist) 08 March 2015
Can you please recommend a good and experienced lawyer in Navi Mumbai.
Thanks
R.K Nanda
(Expert) 09 March 2015
search LCI list of lawyers.
shaikh
(Querist) 17 March 2015
Could not find any contact under LCI
