Whether Eviction Petition can be filed without issuing a proper legal notice?

Mohammed Khaleelullah (Querist) 30 December 2010 This query is : Resolved
Dear experts,
Kindly clarify whether an eviction petition can be filed (in Tamilnadu)without issuing a proper legal notice to the tenant? In the instant case the landlord himself issued a notice to vacate the house immediately on 14th October and filed eviction petition in the court on the 22nd of the same month.
Thanks in advance.

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Guest (Expert) 30 December 2010
the time to be given to the tenant is 15 days time. Moreover the notice issued by the land lord deemed to be a legal notice as per transfer of property act.The owner has given only seven days time. It is a ground for the tenant for defence.

B K Raghavendra Rao (Expert) 30 December 2010
The notice issued by the landlord is perfectly valid and he may go ahead with filing the eviction case. If the tenant takes contention in the court that he has not been given sufficient time, the court would give him sufficient time for quitting the premises.

No damage is done by issuing seven days notice. You may go ahead filing eviction suit.

Advocate. Arunagiri (Expert) 31 December 2010
Well advised by experts.

Kirti Kar Tripathi (Expert) 31 December 2010
yes. i also agree.

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 December 2010
No sir not possible , notice is the foundation. Mistake in notice is contested right upto SC.

If you go through the various citations of the SC in tenancy matters there is one point in common that tenant did or did not contest in his pleadings the illegality of notice.

If precautions are taken from day one , no tenant can be evicted any where in India .since the landlords and their advisors do mistakes in over confidence.

I have also posted stories of even US courts where even SENATORS could not help the landlords.

M V Gupta (Expert) 02 January 2011
Land lord is required to issue notice to the tenant to vacate giving time as prescribed under the rent control Act. Failure to give such notice will be fatal to the suit for eviction.

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