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dayaananda (member)     02 August 2010

EVICTION OF LESSEE

HELLO ALL EXPERTS,

ONE OF OUR TENANT NOT SEEN OR HEARD OF FOR THE LAST 10 MONTHS. HE HAS LOCKED THE PREMISES LET ON TO HIM AND GONE SOME WHERE WITHOUT PAYING THE RENT. THERE IS HARDLY ANY WORTHWHILE ITEM LEFT IN THE RENTED PREMISES. HOW TO TERMINATE THE LEASE AND HOW TO RECOVER THE ARREARS OF RENT DUE TO US? ADVISE PLEASE.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 August 2010

When the tenent is unheard how you will recover the amount.  The legal way is that first issue notice to him and file a suit for possession, if he appeared in the suit it's good but he didn't appear then it is too good, you will get the ex-parte decree.  After getting the ex-parte decree file an execution petition and get the possession thru., court.

1 Like

Bobby Mani T (Lawyer)     05 August 2010

Non occupation of the rented room for more than two months is a ground for eviction and non payment of rent constitute arrears of rent, both of which are grounds of eviction.  Adv rajoo is very correct, follow his advice, issue notice as prescribed by the rent control rules and not according to Civil Proceedure Code.

robin hood (Manager)     09 August 2010

Best is take the help of local elders break the lock and take the possession of the house. Tell the tenant if at all he comes back he has handedover the   premises to you long back and let the elders also say the same.

Regarding rent just think you donated to some orphans and by going to court you would end up just spending for court fees, lawyer fees  and buy some mental tension unnecessary...


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