Illegal lease by tenant to 3rd party

Chandrika Subramaniyan (Querist) 16 August 2012 This query is : Resolved
Dear Sir/s,,,,I would be grateful for your guidance on the following.

We had filed a court case in Chennai in small courts against our tenant for eviction on the ground of non payment of rents and illegal use of residential property for buisness purpose. After about three years of the case a court order was passed to evict the tenant. When we went to evict him along with all the proper documents and police protection we found that the tenant had leased the property to someoneelse ofr a specified amount.

I would be grateful for your guidance as to what the further proceedure could be ? Would it now become a criminal case ? Would an FIR at the police be required etc ?

Thank you
CS

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ajay sethi (Expert) 16 August 2012
draw attention of the sub tenant to orders passed by court and request him to vacate the premises .

if he fails to do so you will have to move court for eviction of sub tenant as thrid party rights created contray to terms of agreement .

you ought to hasve at time of filing of eviction proceedings verified the situation . made sub tenant a party to proceedings

Chandrika Subramaniyan (Querist) 16 August 2012
Thank you Mr Sethi......we were not aware at the time of filing the case that it has been leased to a third party.....the original tenant was attending the court cases etc.....so there were no reason to doubt.

Thks..CS

Guest (Expert) 17 August 2012
Mr. Sethi,

Will you kindly also clarify,whether there is any merit to file any criminal complaint against the tenant in the instant case?If yes, then whether it wil be necessary to file any FIR before lodging the same before the Trial Court?

Advocate M.Bhadra (Expert) 17 August 2012
Inform the matter to the Court and get a further order to evict the sub-tenant, no need to file a criminal case which does not lie.

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