Is notice requried for a tenant whose term completed 1 year back
Querist :
Anonymous
(Querist) 30 December 2011
This query is : Resolved
Dear Experts,
Tenant entered in to rental agreement for a period of 11 months which expired in the month of march 2010 but he did not vacate the premises. The rental agreement also not renewed further. The tenant has filed a perpetual injunction suit in the month of November 2011 and in his suit he admitted that the owner has demanded to vacate the premises in the month of november. Now if we file suit for eviction Is issuing notice is mandatory or since he is under illegal occupancy and paying no rent can we file suit for eviction directly. please advise and early reply is highly appreciated
Devajyoti Barman
(Expert) 30 December 2011
No ,giving one calendar month notice is mandatory.
Without giving the notice the suit would fail.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 December 2011
Now it will be long drawn legal battle, since power of defense is immense.
1) You should have issued notice immediately after expiry of eleven months.
2) Lease can be claimed as regular tenancy and you are delaying for regular lease agreement.
niranjan
(Expert) 30 December 2011
In the suit he must have stated that without due process of law,he should not be evictedTo get him evicted on the basis of arrears of rent,you shall have to give notice. Yours will be rent suit while his is civil suit.
Deepak Nair
(Expert) 31 December 2011
Giving notice before filing a suit for eviction is mandatory.
prabhakar singh
(Expert) 31 December 2011
Just taking your facts as granted the tenancy agreed expired in the month of march 2010 and if he did not vacate you were under a legal duty to serve upon him an one month notice under section 106 Transfer of property Act which you did not then since that even if you have accepted one month rent after march 2010,he became your defacto tenant month to month.In case he did not paid you any rent after march 2010,he would be treated as an unauthorized occupant.
BUT let it be any case,to file any eviction suit you do need to serve him the required one month notice asking him rent till you recognized him tenant and there after as damages for wrongful use and occupation,in this regard it's a bit technical legal matter hence you are advised to consult a civil lawyer conducting tenancy cases and should not try on your own because any defect in notice may prove fatal to the fate of the suit.
His suit is for that you can not evict him without going through procedure established by law and that would be decreed if he proves that you attempted to evict him forcefully.
Querist :
Anonymous
(Querist) 01 January 2012
Dear Prabhakar singh sir,
Is it as per T.P.(Amendment)Act 2002 the notice period is only 15 days from the date of receipt even then also we have to issue notice for 30 days. I request you please clarify me.the link of amended act is http://www.netlawman.co.in/acts/transfer-property-amendment-act-2002.php
prabhakar singh
(Expert) 01 January 2012
I am sorry!!!01 month is so much pitched in my brain that i always miss the amendment by which now 15 days is needed.You are right.
Querist :
Anonymous
(Querist) 01 January 2012
Dear Prabhakar singh sir,
Thank u for Ur kind reply, I would like to take your valuable suggestion in respect of the lapsed agreement that the LAPSED AGREEMENT is carrying a clause that the notice period is 3 months. Do I need to follow that clause or 15 days notice is enough. because this case situation is not fitting either 106(1)(2)as the tenant entered legally and became illegal occupant. your suggestion is highly appreciable
