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Suresh   06 February 2016

Eviction of tenant - non payment of rent

My father's property was leased to a tenant. After my father's expiry the property was transfered to my mother and she continued to collect the rent (cash) without any renewal of the agreement. The tenant was asked to vacate to use the property for our personal requirement. Tenant did not vacate and stopped payment of rent. Legal notice was sent for eviction he still continued to occupy. When the case was filed for eviction and non payments. He countered it by quoting - "He is not aware of the real owner". Court asked us to produce the gaurantee amount and original property documents for verification. The original documents go missing from the court record room before the cross examination. The case is still pending in Bangalore Civil court for 4 years now. Should I change my lawyer or stop depending on our legal system? I am not sure the tenant can pay the accumulated rent. What is the best option I have?



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 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 February 2016

How will changing your lawyer solve your problem ? How are u assuming that he has something to do with the papers going missing ? Obtain a certificate from the court in with an undertaking that the original has been lost during custody of court , and then less secondary evidence by placing on record the photocopy

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