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Discussion > Property Law > Eviction of Tenant (no rental agreement)   Unanswered Threads Post New Topic

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Anonymous User


Designation
[ Scorecard : 44]
Posted On 09 February 2011 at 10:36 Report Abuse

Dear Learned Experts,

We live in Hyderabad.

I've purchased an apartment in Vizag (A.P.) in 2006 in my mother's name (my mother passed away in 2008). My mother in law has been living in that apartment ever since it was purchased, without paying any rent. We don't have any rental agreement since we just let her live there for free just based on family relations/goodwill.

In addition, I've been regularly sending her money once a month for her personal maintenance, and also separate amounts for paying property taxes, etc.

However, about a year ago, we've discovered recently that she has involved in some serious moral controversy that's still under trial in a separate criminal case, due to which she spoiled her relationship with her entire family (my side as well as my wife's side, my wife and all her relatives including my MIL's own mother support us morally).

So, we asked her to vacate the apartment about 8-9 months ago. She plainly refused to vacate and when we tried to put some oral family pressure on her through my wife and our relatives on my wife's side, she filed an injunction against us in the court claiming wrongfully (and without any proof) that we sent goons to remove her forcefully (personally no one from my side of the family has even visited her casually since the moral issue, nor have we sent anyone to her) and that we can only evict her through a legal process.

The injunction case has been running for about 8 months now without any progress, and she has managed to drag the process without anything happening until now (sometimes she doesn't turn up, some other times the judge doesn't turn up, some other times her advocate asks for a postponement, etc..) To top the trouble, we live in Hyderabad (My dad is 70+ yrs old) and the case is in Vizag, so we have to depend on relatives in Vizag to represent us (causing hardship to them too).

Meanwhile, She sent a mediation message through her lawyer saying she'll think of vacating if we pay her 5lacs + legal expenses. We refused outright since we didn't agree with the reasonability or morality of that 'deal'.

We recently filed an eviction notice through our lawyer, but she sent a reply notice through her lawyer claiming that she has been paying rent to our 'agent' without even mentioning the name of that non-existent agent, and demanding that we should pay her 5 lacs for the 'mental and physical agony' that we caused, whereas she's the one causing enormous mental agony to us, both because of this unjust and ridiculous case and also because of her continued immoral behavior outside of this case..

The judicial system seems to be ridiculously advantaged towards squatters and occupiers, since once someone has occupation of your property, it's next to impossible to get them to vacate from your own place, more so if that person is ready to slap silly cases in the court and enjoy the property for free while prolonging the case - magistrate, district court, tribunals, high court, etc.. with silly and baseless/unprovable claims and employing procedural/technical cunningness..

Is there any better recourse to this situation, or some special techniques/clauses that can be employed to speed up the legal justice process, or do we just have to let this drag on 5-10 years from magistrate to district to state court, all while incurring legal costs and while she enjoys our apartment for free.. 

Thanks so much for reading and I'll really appreciate a response to this. We are only looking for a completely legal recourse.

Sincere Thanks..



raj kumar makkad


Advocate
[ Scorecard : 130119]
Posted On 09 February 2011 at 11:52 Report Abuse

Dear! One thing I want to clear first before replying to your query that if your brother is deceased den her widow means your sister-in-law is duly entitled to inherit his share obtained after the death of your grand mother and thus she couldn't have been evicted from the house in dispute before you seek partition among all legal heirs of your deceased mother but now she has made a big mistake. She in reply to your legal notice has claimed herself as a tenant and this is fatal for her.

 

Now it has become very easy for you to get vacation of your house. You file an Eviction Petition before local Rent Controller seeking eviction on the ground of non-payment of rent, illegal and immoral activities in that house as personal necessity. You can claim yourself as landlord of house. A landlord can file suc petition. I suggest you to claim at least double of the monthly rent as is prevalent in the local area for the similar portion. You can claim arrers of rent fot last 36 months. 

 

Mistakes of opposite party is gain for other party. In your matter, it has now becoe an easy play for you. You have no any liability of er mental harassment etc. rather seek it from her in the given circumstances.



Total thanks : 2 times

Anonymous User


Designation
[ Scorecard : 44]
Posted On 09 February 2011 at 12:22 Report Abuse

Dear Mr. Makkad,

Thanks so much for your quick response. 

She is my wife's mother and hence my mother-in-law.. I purchased the apartment with my own hard earned money and the property is legally registered in my deceased mother's name, and we have all the legal documents, title, etc. in our possession..

She does not have any legal heir claim chance on the property at all. We just allowed her to live there since she is a widow..

She is not claiming any ownership on the house, but she is not willing to vacate. Since she has already filed an injunction against us in the court, we are still fighting that case since 8 months now..

We recently filed a separate eviction notice in the court too, but I'm only afraid she'll drag it on for a long time and then keep appealing it in higher courts..

How does the Rent Controller fit into this context? Do we file another petition/eviction notice with the Rent controller in addition to the eviction case that our lawyer filed in the court in response to the injunction case that she filed?

Sorry, I'm completely confused.. Please help clarify..

Thanks so much!!


mayilsamy n


student
[ Scorecard : 97]
Posted On 09 February 2011 at 12:33 Report Abuse

 

various grounds on which the Andhra Pradesh Buildings (Lease, Rent and Eviction ) Control Act, 1960. ... enables eviction are as follows:

1. Where the tenant has not paid the stipulated rent for more than 15 days after the rent fell due, and such non-payment is wilful.

2. Where the tenant has, without the landlord's written consent, allowed some other person to occupy the premises, either wholly or in part.

3. Where the tenant has put the building to a use other than that which the landlord had originally agreed. The term "use" must be reckoned with reference to the lease deed.

4. Where the tenant has done any act, which has materially impaired the building or its value or utility.

5. Where the tenant has used the building, or has allowed the building to be used, for illegal purposes or immoral purposes.

6. Where the tenant is making such a nuisance of himself that his continuance is objectionable either to other tenants of the same building or other persons in the neighbourhood.

7. Where the tenant has not occupied the premises in question for a period in excess of four months. (This rule does not apply in hill stations for obvious reasons.)

8. Where the tenant denies the landlord's title to the building itself, and such denial is not well founded. I only wish to add that once a tenant commences tenancy under a particular person as a landlord, the law does not allow the tenant to thereafter disown the landlord, or to assert title to the building in anyone else (save for one exception, which is not relevant here).

9. Where the landlord genuinely requires the building either for his residential or non-residential occupation, or for the residential or non-residential occupation of any member of his family. Where the landlord (or the person for whom he is seeking eviction of the premises) already owns and occupies another premises in the same town, the landlord must additionally be in a position to state and prove that the hardship that will be caused to him by not giving him the premises will outweigh the hardship caused to the tenant by throwing the tenant out of the premises. This clause is subject to a few exceptions, but these are beyond the scope of this summary.

10. Where the landlord genuinely requires the building for effecting repairs, which cannot be carried out unless the building is vacated. Please note that once the repairs are carried out, the tenant will be entitled to re-enter the premises.

11. Where the landlord genuinely requires the building for the purpose of immediately demolishing it and putting up a new building in its place. There are a few other grounds of eviction mentioned in the statute such as those involving members of the armed forces or where the government is the tenant. These again, are beyond the scope of what is an attempt to put the primary sections of the statute in a nutshell. If you, as a landlord, are able to fit your requirements for eviction into one of these categories, you will be entitled to file a petition for eviction before a court called the Rent Controller's Court.

SO YOU CAN GIVE A LEGAL NOTICE THROUGH AN ADVOCATE UNDER A.P. Buildings (Lease, Rent & Evictoion) Control Act, 1960 AND CAN GET APPROPRIATE RELIEF.


Anonymous User


Designation
[ Scorecard : 44]
Posted On 10 February 2011 at 06:49 Report Abuse

Dear Mr. Mayilsamy,


Thanks so much for posting the relevant sections from the A.P. Rent Control Act.


Thanks,

Ganesh.


ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15845]
Posted On 10 February 2011 at 10:06 Report Abuse

The law is in  favor of tenants , just because proper care is not taken from initial stages and hence tenants may  face problems. Following are important situations and if proper care is taken landlord or tenant can benefit from it.

1)     Tenant should pay  rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , tenants  will get protection from court by filing suit for fixation of standard rent by the tenant.

3)     If there is no lease agreement or it is not registered the harm will be more to landlord than the tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and major structural changes in premises without legal permission. Tenants by taking proper precautions can avoid these traps.

6)     Landlords seek possession for personal needs but they have to prove that landlord  will have more difficulties  than the tenant than only eviction is possible on this ground., otherwise not.

 

 The landlord can not evict any tenant by force , he must get an order from the court for eviction.

7)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help tenant to take its benefit and the landlords to avoid it.

8)     You must take assistance from  hard working and expert legal person since the beginning. Once the initial steps are lost no  body can help you. Most of the landlords and tenants just  do the reverse . They take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done .

9)     It is a myth that law and courts are in favor of landlords. Read any Judgment in favor of landlord even up to SC and you will find that the tenant lost because he / she or their advocate did not take proper steps at initial stages.


Anonymous User


Designation
[ Scorecard : 44]
Posted On 20 February 2011 at 00:09 Report Abuse

Thanks for the response Mr. Shashikumar. But, I wasn't able to find any specific answers/suggestions to my case in your response. I appreciate your general response anyway, but would have more appreciated a specific response..

Thanks,

Ganesh


MRKGANDHI


Advocate
[ Scorecard : 45]
Posted On 26 November 2011 at 14:46 Report Abuse

Few things are not clear. Since the property was in the name of your mother  who are legal herirs,  what is the age of the building and what is extent of your share. AP Rent control Act contain certain exemptios. Otherwise you can seek eviction by giving notice under Section of 106 of TP Act as she will be month to month tenent. No doubt our judicial process is frustrating it takes even deades. Unfortunately the legal system is more misused due to apathy of presiding officers, load of work and lack of ethics among the stake holders. Dpm't expect quick justice.

Rgs
 


m.rama rao


scientist
[ Scorecard : 39]
Posted On 26 March 2012 at 10:24 Report Abuse

I own a G+1 house in Hyderabad .I entered into a sale agreement t6o sell the house. I sent personal notices to

the 3 tenants living there.two of them vacated but alawyer occupying is not vacating and filed a false case against me stating that i went to his room with some anti-social elements to forcefully vacate him.

i am 73 yrs. old and my health does not permit me to run around the4 courts.

how can the matter be expediated?

m.r.rao


Sheba


Business Development manager
[ Scorecard : 22]
Posted On 31 January 2013 at 12:12 Report Abuse

 Dear Sir,

I have one query, my mother got a case filed of getting the shop vacant on bonafide need basis ( for her own boutique)... in year 2008 in civil court.

She is widow and since she  filed the above case in normal court... my tenant has raised an objection in second appeal that she should have filed the case in special court meant for widow/divorcee, and that the base of the case is wrong .....

can you please let us know if our case was wrongly filed... as the lawyer did not guide us... our case is in HIGH COURT .. can we loose the case if my tenant is proved right.. how much time wil it take in getting the judgement..




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