Eviction of tenant

Querist : Anonymous (Querist) 29 January 2012 This query is : Resolved
I HAVE FILED SUIT FOR EVICTION OF TENANT FOR NON PAYMENT OF RENT FOR LAST 2YRS. COURT IS NOT ATTENDING CASE SERIOULY. ARREARS OF RENT HAVE MOUNTED UP TO RS.6 LAC. MY REQUEST FOR ARREAR OF RENT IS ALSO NOT TAKEN UP BY COURT EVEN ONE YR.AFTER FILING OF SUIT. TENANT HAS SO FAR NOT REPLIED TO PLAINT AND COURT HAS STRUCK OF HIS DEFENCE AND ADJOURN THE CASE. TENANT IS NOT CARRYING OUT ANY ACTIVITY. PLACE IS LOCKED FOR LAST 18 MONTHS AND ONLY FEW ITEMS OF FURNITURE ARE LYING INSIDE. HE WANTS TO EXTORT MONEY. I AM VERY MUCH FRUSTRATED WITH LEGAL PROCEDURE. PL GUIDE WHETHER I CAN NOW TAKE POLICE HELP TO GET PORTION VACATED

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Raj Kumar Makkad (Expert) 29 January 2012
You have achieved a major portion of battle when the defence of the tenant has been struck off. Now you have to only lead your evidence and the case shall then directly be posted for argument.

It has become sure that your premises shall be got evicted, however, much time is needed in court proceedings. I think no much time is required now.

Police can do nothing in such matters.

The only problem before you shall arise how to recover the amount of rent as he has already he has not filed the written statement and ultimately court has to close his defence.

Devajyoti Barman (Expert) 29 January 2012
You can try to get the case transferred to any other court.
Or you may file petition under Article 22 7 of the Indian Constitution for expeditious trial if the plaintiff is a senior citizen.

However you should keep in mind that trial in lower courts do proceed at snail pace.

prabhakar singh (Expert) 30 January 2012
NO YOU CAN NOT TAKE POLICE HELP TO GET PORTION VACATED.

POLICE CAN NOT INTERFERE.

Delay is very usual and common problem,either get a direction from high court for expedited trial or request the trial court itself if it does not listen transfer to some other court may also be praid from District Judge.

Querist : Anonymous (Querist) 31 January 2012
CAN I MOVE APPLICATION REQUESTING COURT TO GET ME DUE RENT PENDING FINAL DISPOSAL OF CASE AS DEFENDENT HAS NOT FILED WRITTEN STATEMENT

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