pp (Self) 28 June 2011

Tenant not vacating, not appearing for court hearings

Hello.. please help with your advice..

We rented the house to person A under 11 month agreement. He paid the rent for 2 months....in the meantime he has taken out some of

items, and left somebody - B, to stay in the house.

When we ask the person for the rent they say to ask Mr.A. The agreement period is over. Still A ot B have not vacated the house. So we filed case against A. Neither he nor his lawyer attend the court for the hearings.

Now we came to know that B moved out to the next building , but locked our house and is holding the keys.

Our case was transferred from civil court to small cause court. Now the court is sending a notice to A/Lawyer to attend the case hearing. So far they have not attended even a single hearing.

In this situation what is the solution? Even after court summons are issued if they are not attending the court....what is the alternative way we can follow.

Since we are senior citizens, we request our Lawyer friends to give their valuable advice.

Thank you.

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4 Replies

Advocate M.Bhadra 28 June 2011

If the summon duly served upon the tenants moved to court to fixed a date for pass an experte order.After passing the order you should file an execution case to take possession and vacate the house.

adv. rajeev ( rajoo ) (practicing advocate) 28 June 2011

When neither the party nor the advocate are not appearing in the case, then proceed with the case get decree and take the possession of the property. You cannot take the possession only on the basis of the decree, next you will have to file an execution petition to get the possession., which is legal process.

Kiran Kumar (Lawyer) 28 June 2011

it is rather good for you, if the tenant is not appearing let the matter go exparte....thereafter immediately file an execution application....if the summons have been duly served upon the tenant then he wont be able to succeed to get the exparte orders set aside.

courts are very strict now specially where there is landlord-tenant dispute.

I would advise, if possible, keep the police officer of your area in confidence while getting the possession of the property after the orders.....you may request the court for immediate police help....now the Hon'ble SC has clarified that it shall be provided at first instance.

SACHIN AGARWAL (ADVOCATE) 02 July 2011

In case the summons have been duly served and even thereafter the tenant or his counsel is not appearing before the Court, the case may be proceeded ex-parte against him.