eviction of a tennant
maninder kohli
(Querist) 15 February 2011
This query is : Resolved
what legal remedies are open to a landlord where the legal tennant has emigrated abroad but has left a relative to occupy the property. I am in such a situation . We have started a legal action against the tennant by serving a notice then filing acase on grounds of subletting. His advocate responded to our notice by denying everything but despite 3 hearings has not shownup in the court. What can we do to procceed with this matter ?
Kiran Kumar
(Expert) 15 February 2011
you go ahead with an eviction petition as per the rent laws applicable to your area.
if the tenant has immigrated to some other country and left some other person in possession of the property and its certainly a subletting.
however, if possible add the most effective ground of personal necessity as one of the ground for eviction of tenant.
the rent laws differ state to state so its better to contact your local lawyer and proceed accordingly.
Advocate. Arunagiri
(Expert) 15 February 2011
If your are the RCOP case is maintainable go ahead in filing the case. Other wise file a civil case for eviction. Subletting is a good ground for eviction.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 February 2011
You have to do very very hard work for getting eviction , just accusing will not help . Unless there is evidence just provisions of law will not help.
and occupation by relative is not subletting. such cases end up to SC so take care.
maninder kohli
(Querist) 15 February 2011
I would just like to add some more details to my original query. I am not living in India .I am based in uk ,This is an ancestral property in Dehradun Utrakhund,.The legal tennant has cetainly moved to usa along with all his family, I think he visits India maybe once a year.
The biggest problem which we are facing now is Service of summons which are not being accepted.
I have studied the provisions In civil code 1908 regarding service of summons which as you are no doubt aware state that summons can be published in newspaper , court can fix summons to his address & substiute summons to defendents Agent. Qustion to all you Experts out there is "what would you do in my situstion & how do you drag an unwilling defendent to the court? What can a person do to persuade a court to obotain a default judgement in our favour ?
Kiran Kumar
(Expert) 16 February 2011
here I dont agree with Mr. Kumar, a possession given to a relative can be subletting but the conclusion is as according to facts of the case.
Now, if the summons are not being accepted then certainly the alternative/ substituted service will be good enough.
Can you please mention on what grounds you are seeking eviction?
maninder kohli
(Querist) 16 February 2011
The legal tennant has lived in USA for over 10 years .While he was the legal tennant he lived there with his wife his daughter ,married son. first of all daughter marriedo a person in USA then in next few years all family followed.After that his elder brother ( now in his 80s)who lived somewhere else before , moved in with his wife , adopted daughter & her husband, His wife died 2years ago , daughter has moved to Chandigarh along with her husband,so he is the sole ocuupier.He has made number of changes to the property, Covered the varadaha, built a garage for his car etc, without the landlord's consent. his daughter was carrying on a business of a beautytherpist from our property,there is a rusty hoarding outside the house advertising that.All these things are mentioned in our suite along with photographic evidence .surely when a tennant moves out he foefeites the tennancy.I have lived in UK for last 35 years & am not getting any younger, I would like to live in the property myself.I have engaged a lawyer in India but I do feel, the Indian judicial system stuck in 18 th century.
Kiran Kumar
(Expert) 17 February 2011
Dear Mr. Kohli,
the most unfortunate aspect of Indian laws is that these have not been updated as per the need of the society. only those laws have been amended or created which suits the need of mighty few.
Rent Laws of India have been a major cause of litigation in India. Most of the rent laws were enacted before 1950s and were needed at that time in order to ensure shelter to the poor people.
Now, the things have changed, we have liberalized the economy but still the rent laws conform to the situation of 1940s.
a tenant is more like a parasite, but we will have to move as per the law. The high ups of the society get the things done with money and muscle power but for common man a tenant is a life long suffering.
maninder kohli
(Querist) 18 February 2011
Thanks Kiran, for your reply,Is there any merit in my case ?Another problem which I am facing now is lack of communication between my lawyer & myself. The senior advocate is a gentleman in his 80s who has given the brief to his junior, a youngman who to be honest doesnot impress me much.I am not even sure that he is capeable of drafting a simple letter to the court. every qustion to him is met with a reply that I should be asking this question to his senior. his senior refers all queries to hiS junior, I feel I am getting fleeced !
