Tenant eviction
Khaleel
(Querist) 01 February 2013
This query is : Resolved
Dear Sir,
Myself Mohammed Khaleel, I have a property in hyderabad, due to financial crisis i had decided to sell out my property in July 2012. I have 4 tenants on my property on 4 shops,after a long time finally i got a deal done in November 2012 and got the agreement of sale done by taking advance amount, as all the tenants except 1 whom this issue is all about was never available on the premises for the past two years
know that i am selling off my property and they have to vacate the premises as soon as possible, the 1 tenant who was absent all the time has a relative here who also is a tenant to my neighbouring house has always been his representator, and he knew the facts that for the past 6 months i was trying to dispose my property off, finally i told him to tell the tenant to vacate the premises within 1 month as i am in urgency as i am really going through tough financial situation and i have 1 sister who is elder to me and i have to get her
married after registry. All the tenants agreed to vacate and they have except this one he came after a month and started saying that you cancel the agreement and sell him the property. After a long debate i told him finally that it is not possible as i have come into legally come into agreement on paper with the other party, then he started harrassing me by bringing
politicians workers to my house and saying to sell him you will not be able to sell to anyone else, as i live alone as i have no parents or relatives here except for my wife, sister and my son who is barely 8 months old, i tried my level best to be very sober with him not even provoking him on anything and said with request to vacate the premises before 1st Feb 2013, as
i am going to fix my elder sister's marriage next month and travelling to lucknow for that so please be on the good side of faith and dont torcher me mentally or physically i will be truly honoured by your gesture. I left for lucknow on 16th of January 2013 and fixed the marriage date and i came back on 28th January 2013 to hyderabad. But the very next day i got a letter from his advocate that he has filed a civil suit against me, my sister and the party with whom i am in agreement with for the sale of my property, the suit is for PERPECTUAL INJUNCTION. He has stated that i and the new party has been harrassing him and trying to forcibly throw him out of the premises, he mentioned the date 18th of Jan 2013 that i personally tried to force him out of the shop when i was not even in hyderabad at that time. Well my question to you is I have to submit the WAKALAT NAMA on 1st Febuary 2013 stating that i am ready to fight, but what kind of precautions and
steps should i take to make him leave my place as he is totally wrong and trying to damage my life financially and mentally please advice as soon as possible that what strong holds do i have on my case to
throw him out of my placce through court's decision, I am very alone here with no one else to support me your advice will be really appreciated.
Regards,
Khaleel Abbas
ajay sethi
(Expert) 01 February 2013
be brief and to the point . contact a local lawyer
V R SHROFF
(Expert) 01 February 2013
Few lines, can be read & advised , Too lengthy may be ignored.
R.K Nanda
(Expert) 01 February 2013
query too long to reply.
Khaleel
(Querist) 01 February 2013
In Short sir the tenant has filed a civil suit for PERPECTUAL INJUCTION against my family and the party to whom i will be selling my property, on the ground that i am harrassing him and trying to forcibly throw him out of my property which that is wrong. Actually he want to buy the property himself but i am already into an agreement of sale after my denial he chose this way to scare the new owner who is interested to buy this property, how can i resolve this thing please advice
Advocate M.Bhadra
(Expert) 01 February 2013
You should appear by filing a Written Statement,contact with a local civil lawyer with a copy of summon/plaint which you have received.Once suit has filed by the tenant then process is lengthy.
Raj Kumar Makkad
(Expert) 02 February 2013
You have no other option but to appear and contest the case filed by your tenant by engaging a local lawyer dealing in civil side.
This case shall really create a trouble for you so better to sale another three shops to the party purchasing and wait for the outcome of the case for this shop.
prabhakar singh
(Expert) 02 February 2013
Though facts are too long yet I have read all.
Your tenant can not be expelled now by force.But it is not a hardship in sale of shop occupied by him to gather with 3 vacated provided your buyer is ready to buy.
So you can sale all and it would be easier for new buyer to get the premises vacated by need based eviction proceedings even if the tenancy is protected under local laws.
Though lengthy yet facts are not clear if tenancy is protected under local rent control Act of Andhra or not?
Better engage a lawyer well versed in local tenancy law of Andhra.
