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Sundaresan K   02 December 2008 at 13:38

Dispute With The Tenant-Demand Of Possession

Dear Sir,
I have a house at Sirkali (my hometown) in the Tamilnadu state which I bought in 2005 with HDFC Bank Loan.I am still paying the EMI for the same.
The house has Ground + 1st Floor.The first floor is occupied by my sister's family and the ground floor has been rented out to a tenant from Decemebr 2007.
There is a rental agreement between the tenant and me for a peroid of 11 months which ended in October 2008.And the agreement clearly states that the tenant has to vacate the premises at the end of the 11th month.
I have been asking the tenant to vacate the house starting from May 2008 since we neded the premises for our own use. At first the tenant refused to vacate quoting the rental agreement, which is for 11 months. He said he could think about vacating only after the rental agreement expires.
Now the tenant is saying the agreement is only for ”formality” sake and no one will come to a house for rent only for 11 months.
I wanted to take up this issue legally. But the localites are scaring me telling that the legal process will take years together to get the judgement.
Since I am staying in Bangalore currently and my conscience does not allow me to take up “other” means to force the tenant to vacate the house, the only option open before me is taking up the issue legally.
I seek your advice in this regard. Is it true that we will not get justice immediately if we seek for legal solace?
I pay a premium of Rs 11215 every month for this house which is a major portion of my monthly earning.Also we are paying all the savings we have to repay the loan as early as possible though the laon tenure is 20 years.The minimum I would expect is to enjoy total ownership over the property.But I am denied of that.I am deeply hurt and distressed because of my tenant's attitude.
Earlier in the year (May 2008) my grandmother was seriously ill and we desperately needed the ground floor portion for her keeping her there and taking care of her.The tenant at that time also refused to vacate the premises.Now my grandmother is nomore and we are sentimentally upset that we could not keep her with us in her last days.
My 16 months old son is not very comfortable with the weather conditions in Bangalore and we desperately need a place for our frequent use and stay.My mother who wishes to travel to Sirkali quite often would find the ground floor house much more comfortable due to her old age .
Please guide me as to how I can get the issue solved legally.Thanks And Regards
Sundaresan

bhagwant   02 December 2008 at 12:21

377 IPC by juvenile

Offence committed by juvenile u/s.377 IPC, what will its legal status,
In which court its triable,
What punishment will be there,
ommit

PRACHI   02 December 2008 at 12:10

idemnity bond

my client is purchasing leasehold land. The seller has not executed one deed of Assignment. now idemnity bond is to be executed by which seller takes the responsibility of future claims which may arise. kindly suggest me the format

ram   02 December 2008 at 11:49

Ill literature exe doct

sir, Can Sub registrar demand any decleration from Ill literature person sold document

Anil Goel   02 December 2008 at 11:14

Rate of Vat

hello, experts
plz tell me the rate of Vat charged on Electronic Weighing scale, Weigh bridge, & load Cell. under Punjab VAT Act, 2005

Thanx

vempada   02 December 2008 at 09:06

will my daughter get ...

Rathnakar P V   02 December 2008 at 07:13

Adoption-Rights in Family.

An issue less couple adopts a Male child (His Elder brother's son) and a Female child{She is 2/3 yrs. old,at the time of adoption}(His Younger brother's daughter).After some years( After the Marriage of Female child in the year 1978), may be because of Pressure from the Male child side, Adoptive father dis-owns the Adoption of Female child(No adoption papers are made at the time of adoption.But in School records, where Father's name and the Family name is shown is of Adoptive Father).The adopted father parts his property in two shares, one share A Residential house with adj.open land of Ac2.00 on the name of his adopted male Child, and balance ESTATE On the names of his GRAND SON'S( IE.SON'S SONS).He died In the year 2003,and his wife had died before long back.The property so parted is not self earned But, Inherited to him from his wife side By will/Marriage from his Mother in law side.Under the circumstances what should the Female child do, to get her Share?The Will written By this Adopted father of the Female child is Enforceable?Please SUGGEST the options available to the Female in the Question.She has only School records to Prove the ADOPTION in to the FAMILY.She is Afraid of fighting a legal battle(Don't want strain the relation-ships, with her co adopted Brothers family).???...

Apurva Kumar   01 December 2008 at 20:17

Non complience of sec-313 cr.pc and its effect

Dear Friends,
One of my hearing related to sec-304B has recently opend.In which we are from the side of the accused,while going thru the L.C.R i came thru a very strange ommission of the law point at trial i.e,sec-313 cr.pc Power to examine the accused whch was not done by the presiding officer of the case though there was question in the deposition paper but same was not answer either in affermative or negative it was left blank. And my client has been imprisoned to life along with ors by trial crt.I take this point today in the court which was appriciated but state told that it cant vitiate the whole trial and i want some citation with brief fact and some case law in my favour to prove my self. please help me and enlighten on the above mentioned fact.Please support me if anyone can?
Regard
Apurva kr
Lawyer P.H.C