Eviction suit

 


Querist : Anonymous (Querist)
29 November 2018

Sir,

I am a Landlord want to evict my tenant who has been on rent for last 30years, for my own bonafied requirement.

I consult a Lawyer he advice me to directly filed eviction suit, without giving prior notice and time to tenant.

I want to know whether the step is correct , whether any problem will occurs later on.

Please provide your valuable suggestion in this matter.


Isaac Gabriel (Expert)
29 November 2018

Was any agreement sighned before renting out the premises? Otherwise, filing suit is ok.Wait for the outcome ie counter by tenent.


Querist : Anonymous (Querist)
29 November 2018

Yes agreement was sign & renewed every year. So giving legal notice before filling suit is compulsory or not.

manoj (Expert)
30 November 2018

Notice is Mandatory before filing the Eviction Suit. If you file suit without giving notice to the tenant, the suit is barred under law and it may be rejected at threshold. You give notice asking him to vacate the premises with time bound, if he not vacate the premises, you can file suit against the tenant in the Civil Court. If you want I will provide Judgment, that notice is mandatory

The Rocking Lawyer
V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292

manoj (Expert)
30 November 2018

As opined by Isaac Gabriel Garu, in between the Landlord and Tenant written lease agreement is necessary. In my view, Oral Agreement is valid in the Court. Since the Tenant is in possession of the property, even without written lease agreement oral agreement is valid in the eye of Law.

The Rocking Lawyer
V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292


Querist : Anonymous (Querist)
30 November 2018

sIR,

I have written agreement with the tenant.


Querist : Anonymous (Querist)
01 December 2018

Sir,
what step can be taken so that TENANT can availed the benefit of Adverse procession.



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