Tenant and Owner


Hallo all,

Subject:  Advice required.

We own a flat in chennai. For the past 5 years we were living near madurai due to job transfer from chennai and we had our house rented. Now that I have retired, I wanted to come and live back in our house in chennai.  So 6 months ago, we asked  our tenant to vacate since we wanted to come to our own place.  The tenant  informed us that they will shift premises on finding some suitable , auspicious date etc.,  But they never vacated the premises. We understand that, living in our place helps them to have access to their office which is near and hence they dont want to vacate currently.

But later they sent us an advocate notice that " we are asking them to shift because we wanted to increase rent and keep other person as tenant " and so they want to get protection through the rent control, file a case and drag some years and contine enjoying living in our premises. In that aspect due to the time factor of suits in india ---- the cases could drag in the court, they might enjoy living in our premises for more then 2 years.  Moreover they have stopped giving us rent for the last  3 months after sending the advocate notice. 

Now the crux is, their sister and brother are both advocates it might not charge for them, and since I am just a normal worker I have no contacts and have to shell out the advocate fees etc.,

In this point of time, we need the house genuely for my retirement and health treatment purposes.  Don't we in India, have some protection for the house owners who might need the house for thei own purpose. It seems people are taking advantage of the rent control act and giving head aches to house owners.  What could as a normal citizen do and approach and tackle such problem.  Could I also put another case against them for taking all my mental peace and giving trouble and taking undue benifit of law ??

 

Thanks for all your comments

Subramanian

 
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Advocate

You have said that the brother and sister of your tenant areadvocates. Please note that no one is above the law. Send a notice to the tenant to vacate the house on the grounds of your bonafide personal requirement of the building as well as for default in payment of rent. Thereafter you need to file an eviction suit in the local civil court. Be sure that you will get the relief there.


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File a RCOP  for eviction for your genuine necessity and under wilful default and approach the court properly by asking ecpedite trial by showing your genuine requirement.You will get justice sir.


 

 
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dear Sir, Thanks a lot for your advice and information. Can you tell me what RCOP means ? 


I am currently asking my old friends for advice and one elderly person told me that


I cannot approach court first, but has to go through Rent Controller and if the issue is not solved by rent controller, only then i have to go to court. Is that correct ? To go to Rent controller should I go through advocate or can i approach in person. Where can i know where the rent controller office is in chennai ?


Many says that it is a civil case and it can take more time, more than 2 years for judgement.  


I even approached the tenant for a compromise and for the same they are talking unparlimentary words to me. ( I have even recorded their talking in my cell phone if that could be of future use for proof ).   Now that in chennai all advocates are protesting makes things more time consuming.

 
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Advocate & Consumer Rights

An application for eviction filed under the Tamil Nadu Buildings (Lease & Rent Control) Act before the Rent Controller is in abbreviated form as RCOP ( Rent Control Original Petition), which is nothing but rent control proceedings. In Tamil Nadu District Munsif Court is Rent Controller in Tamil Nadu. It is like civil case and you definitely need a lawyer to conduct the case. To be frank it takes more than 2 years then appeal/revision proceedings are there to drag on the matter.  You in case a senior citizen you can demand for speedy disposal of your application.  Delay has become part and parcel of judiciary.

 
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Thanks sir for your replies.


In the mean time, till I get my own house i have to live in a rented house.  ( since after retirement i dont have regular income and i was only thinking of moving to my own house. )


apart from this RCOP petition  shall i also make a special petition for compensation, as the costs i spend for the same ( like paying my own rent ). Is there also room in the law to make such compensation petition ?

 
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Lawyer

you are a typical building owner who is named as landlord in the legal parlance.  you have to file a rent Control petition before a Rent Control Court for evicting your tenant.  There is no other way.

 
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Lawyer

there is no room for such petition
 
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Dear Advocate,

I am staying in Solapur district with my grandfather since 15 years at place behind a masjid land of grampanchayat without paying any charges or tax, can i claim for legal ownership or it is possible to purchase same land from grampanchayat? kindly email me on  sayyadsameer@gmail.com

Sameer Sayyad

 
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Mr. Hariram,

When did you gave the flat to occupants and did you enter in to any legal agreement with them in regard to period etc. From you details it appears you have rented out the place and so the crooked occupants will create a legal hassle for you and will nmot vacate the premises. If you were an educated person with little knowlade of laws this situation would not have arised. According to me now only option is to file a suit for eviction and in future never use the word Rent in the receipt or agreement that you enter in to. In fact you should have given the premises on Leave & License basis duly registered but you failed to do that and now have to face the music.

 
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