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Eviction of tenant

(Querist) 11 September 2009 This query is : Resolved 
I had rented ground floor of my ancestral house in chennai on 11 months leave and license agreement in 2007 march.At the end of lease period the tenant was requested to vaccate as I need the premises for own use.My sister who is joint owner occupies the first floor.The tenant continued to stay under some pretext and finally when written notice was served in jul 09 ,he has stopped paying rent and has threatended to go to court.I am an ex-servicemen and do not own any house in chennai,my house is 40 yrs old in delapitated condition and needs to be extensively repaired.I understand that serving armed forces personnel and ex-servicemen have some privilage of seeking early settlement from authorities.Can anybody adviceriven
Raj Kumar Makkad (Expert) 11 September 2009
Rajendra Babu you immediately file a rent petition before rent controller against your tenant praying therein for the arrears of rent, decrease of the value due to unattended use of house by teneant and most and formost reason for vacation -required urgently for own use. Your case shall be decided earlier keeping in view your army background, which must be mentioned in the petition.riven
ragavendra babu (Querist) 11 September 2009
Many thanks for the adviceriven
Kiran Kumar (Expert) 12 September 2009
Mr. Babu,

every state has its own rent law and therefore all such rent laws have been given different certain areas only Transfer of Property Act is applicable.

however personal necessasity is the best ground to seek eviction....

since in ur case, it was a lease and license agreement, u can even proceed under ordinary civil law to seek ur posession back as the agreement has expired....for that purpose the contents of agreement will be important to be seen.

consult ur local lawyer to get precise advice....whether to move under rent law or to pursue the civil remedy, only a local counsel will be able to advice after seeing the documents.riven
ragavendra babu (Querist) 12 September 2009
Many thanks sir.I am also an ex-servicemen (commander Indian Navy).Is there any law which gives special privilages for speedy disposal of the caseriven
Shivasurya (Expert) 12 September 2009
Mr. Cacalur Rajendra Babu, You can file Rent Control Original Petition (RCOP) under section 10(2)(i) of Tamilnadu (Building Lease and Rent Control) Act, 1960 against the tenant for wilfull default in payment of rent to youriven
Adinath@Avinash Patil (Expert) 12 September 2009
Mr. Kiran has replied correctly I m agreed with him.riven

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