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santhi (nil)     12 October 2017

Length of tenant eviction case

Respected Sirs , Tenant is not paying rent and also using the house for business purpose. Agreement was made on a old lady , but the tenant is a relative. Since the old lady couldn't appear the case was given ex-parte order. Now they have reopened the case . How long maximum can the case go and will they pay the rent?. What if the old lady passes away. can the relative continue the case. There was a tenant agreement for 3 years from July 2014 which expired in July 2017 but was not registered. Kindly share your answers. Thanks in advance. Regards, Mary


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 2 Replies

manoj   12 October 2017

If they have filed petition before the court, the exparte order will be setaside. If the old lady dies her legal representatives will be added as a parties to the suit. if the term of the lease agreement is less than 11 months, registration is not required, when the duration of the lease agreement is three years registration is required, but it cannot been seen for any other purpose even if you pay stamp duty and penality for marking the document before the court, So the property is belongs to old lady, but defenant is residing in the house, if he says that he is tenant, but without document he will be in possession of illegal use and occupation. You dont worry your case will decreed in favor of Landlord in most of the cases unless tenant takes false defence it will be hard for plaintiff to deal with the case.Aftrer the expirty of the lease agreement the tenant will be in month to month base.

 

manoj

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santhi (nil)     12 October 2017

Thanks Sir.

Property belongs to us. Old Lady made the agreement to rent but her relative is staying there and using for his business.

/unless tenant takes false defence it will be hard for plaintiff to deal with the case./

What does this mean sir. Could you kindly explain. Thanks.


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