Tenant dispute - attn : mr makkad
Chandrika Subramaniyan
(Querist) 14 July 2013
This query is : Resolved
I would be grateful for a guideline on the following
Background & History
Wanted to sell my property in Chennai 3 years ago. Tenant who lives with his family was eager to buy. We agreed on price and tentative date for transaction. But tenant kept postponing the sale. No agreement or POA or anything was given in writing or signed as I have never had any problem with him and all agreements were verbal. He had come forward with a draft of sale agreement, affidavit and POA etc, and due to certain discrepancies in the draft etc nothing was signed although the verbal communication had never ceased between us and I was more then still willing to sell the flat to him .My only request was that he pays the full agreed money at the time of registration and all in white. After 2 or 3 visits to negotiate on sale agreement etc through my lawyers, he agreed for my request. But a year later he had still not come forward with the agreed price and therefore my lawyer thought best to file a case for eviction on the grounds of owner use and we have filed a case. Tenant had initially stopped paying rent from when the case was filed against him but through a second rent default case filed, he had paid till 14 months ago . I have not received rent for 14 months now but he still occupies the flat. I have now 2 cases against him. He has also rented the flat opposite to mine and enjoys 2 flats in the same floor for a family of five. They have also stopped receiving rent for past few months. And I think he is also in the property field business and probably owns two houses in chennai...one in the same area where my flat is although I have no proof. He is also involved in 3 other cases related to property. His other flat owner had also requested him to vacate the flat almost 2 years ago. But he had talked them in to allowing him to stay for another 2 years….and this expires in 6 months time.
Current Situation
Now as recent as 15 days ago and until 3 days ago his family were seen to shift things in their own car out of the flat and also other items in the house hold. This information was received through the other owner occupants of the building. My lawyers did go to inspect the flats and both of them were locked at that time and then they had talked to other owners occupants of the building regarding shifting and what they had seen etc. And a day or two ago tables were seen to be taken in to the flats and when owner occupants asked they were told that the people carrying tables were staff. My lawyers were informed of this. Note : He was not very friendly or neighbourly with other occupants of the building.
My questions are
1. How best to proceed in view of above information
2. What are my legal rights for a quick relief from the court proceedings?
3. Why do civil cases take years to conclude? Perhaps through a large backlogs and pendency may be. Not sure
4. As a citizen do I have any appeal to a higher authorities towards such delays of court proceedings or a faster conclusion without offense to anyone ?
5. Lawyers Fee – Legal under Sec 27 of 1879 & Current applied practice and the basis on which fees are chargeable and are charged….A guideline please
Thank you
SC
R.K Nanda
(Expert) 14 July 2013
consult local lawyer.
Chandrika Subramaniyan
(Querist) 14 July 2013
Thank You Mr. Nanda...I do have lawyers as you may know from above query....however I would be grateful for a second opinion and other observations...SC
Chandrika Subramaniyan
(Querist) 14 July 2013
Mr. Nadeem....thank you for your reply. I will try to...Thanks..Cs
ajay sethi
(Expert) 15 July 2013
you have stated there are other cases pending against your tenant . in suit for eviction you can take the plea that not only is he a defaulter but he also has many other flats in the city . submit the list of flats owned by him or rented by him
civil cases take years to conclude because of heavy backlog of cases .
as far as as legal fees are concerned it varies depending upon the seniority of lawyer , his experience .
ajay sethi
(Expert) 15 July 2013
you have stated there are other cases pending against your tenant . in suit for eviction you can take the plea that not only is he a defaulter but he also has many other flats in the city . submit the list of flats owned by him or rented by him
civil cases take years to conclude because of heavy backlog of cases .
as far as as legal fees are concerned it varies depending upon the seniority of lawyer , his experience .
Chandrika Subramaniyan
(Querist) 15 July 2013
Thank You Mr. Ajay Sethi. I have no proof of existance or location of his other properties...only what I have once heard him say and through other owner occupants of the building.
The other court cases information were found through web....although I am not sure whether they are still active and open. I have passed the link and information to my Counsel. I am not sure they are tech savvy.
THanks...CS
ajay sethi
(Expert) 15 July 2013
hire a detective agency . get the proofs
Chandrika Subramaniyan
(Querist) 20 July 2013
Tenant Eviction
I have 2 cases ongoing in court since Aug 2011. One for Owner occupation and the other for failure to pay rent. As tenant has failed to pay rent for past 14 months, my lawyers have filed (to be filed) a petition under RCA Section 11 (4) on my behalf. He proposes to continue the case under Owner occupation clause.
The tenant has vacated/or rather not living any longer in my flat for past 15 days or so (known through other occupants of building) although he has not handed over the Key and the flat is locked (Door lock and not the tradition latch/lock and Key) so that no one can make out whether it is occupied or not.The Building occupants don’t think he or any of the family are in the premises or have slept in the flat for a fortnight now. Tenant has not collected his letters,nor has given the maintanace charges for the building, neither has given anyone his forward address. By word of mouth it is known, the area where he may have moved to. His lawyers are not responding although remains to be seen as the court date is in a day or two. But last week some tables and chairs (few) were seen to be moved in to the premises. The tenanat had also rented another/opposite flat in the buiding and he has vacated that too. He may be expecting key money(Large sum) to vacate and this was through his lawyers unofficially.
There is also reason to suspect whether he may or not have sublet the property. And in such cases it is known that court cases tend to drag on for years on end.
I would be grateful for your observation, suggestions and opinion on the above.
Thank you
CS
prabhakar singh
(Expert) 21 July 2013
If your application u/s 11(4) (provision discussed yesterday) is allowed much of solace you can gain.
If he has removed his belongings from the leased premises then a commission may be sought to be appointed by court to verify
the fact of 'non occupation and vacancy of leased premises'.This should be done expeditiously quite before his plans of subletting materialises.
Chandrika Subramaniyan
(Querist) 21 July 2013
Thank you Mr. Singh. Perhaps best to wait until the case date to see how his lawyers respond....if at all they do (that is if they do not use the delay tactics etc) and then take a call....Thanks....CS
