Title suit can be turned to evition
(Querist) 06 July 2017
This query is : Resolved
Commercial Tenant and Landlord has a rent agreement on 2005.
After expiry of tenancy in 2006 , dispute occur and no rent paid
by tenant till date.
Tenant file a case in 2009 , Title suit claiming that
1)Court should declare him a bonafied tenant
2)Court should raised a permanent injunction against eviction.
After 2013 , nor tenant or Landlord appear the case .Still case is pending.
I am relative of landlord .Land lord is of 80 and goes several surgery and
old age disease.
Land lord is financially weak also.He appeal to district legal authority ,DLA
has approve his application.
My question is
1)Can we counter claim of eviction in the existing case ?
( Title suit for bonafied tenant)
2)In the above case , as tenant is not appearing 5 years ,
will it be a possible that , we will be plaintiff and tenant will defendant.
We will be able to ask next case date ?
3)We need to file a fresh eviction suit or the existing case can be used for eviction ?
4)The agreement was for 1 commercial shop.Tenant has forcefully occupied
another room and using as store room.Preventing tenant to enter the room.
What will be the best step to get back that room ? Another case , Criminal case
(Expert) 06 July 2017
1. Since the tenant had filed the case, it is the duty of the tenant (Plaitniff) to follow up the case. As a defendant (you) can insist the court to dismiss the case. Once the case is dismissed, there is no necessity to file any counter claim.
2. already answered in point no.1
3. You have to file fresh eviction suit, citing various reasons, non payment of rent, unauthorizedly occupying another room etc. You can also ask the court to pay the rent existing as per the fair rental register. You can also ask for recovery of arrears of rent along with interest.
4. Already answered about. You can ask the court to allot extra rent for the extra room for the period they were using the extra room.
Note:--Since the owner is senior citizen (80 yrs), he can utilize the Special Act i.e. Senior Citizen Act. This is very effective. He can directly file a petition before the concerned Magistrate against the tenant. This is an additional remedy.
Raj Kumar Makkad
(Expert) 07 July 2017
I do agree with the advice of expert Ravinder. One myth I want to remove. You have mentioned thrice that 'bonafide tenant'and every time have interpreted is as seeking declaration for the owner. This is wrong.
Old landlord has effective means to get his property vacated by filing special petiton before Executive magistrate of the area as already advised. Get authority letter of the old age ailing owner and persue the ongoing and future case.
(Expert) 07 July 2017
You can benefit from the advise of experts.
(Querist) 07 July 2017
Thank you all.Thank you very much.