Stay order
akumar
(Querist) 20 October 2015
This query is : Resolved
Hi,
My uncle was living in a rented house from the last 20 years. In March, 2014 he had purchased their own flat and shifted there with their family. But they had not vacant their rented house and just lock the house and shift in their new flat. Their was no belonging of my uncle in that house, but they had possession of that house.
Inspite of regular calls of landlord to vacant the house and give him possession, my uncle refused him and paid their rent every month on time to landlord.
But Last week (when my uncle and his family was out of station for some family function) landlord, show to public that he has the possession of house and demolish the building to make a new kothi there. Now there is only empty plot and he is going to build a new kothi very soon. can you please advise us:-
1. Can we get "stay order" from the court as they (my uncle) had not given possession of house to landlord yet.
or
We have to file civil suit in court to get the plot back (as house is demolished). He (my uncle) had made payment of electricity bill, water bill and rent till sep, 2015.
someone guide us that as house has demolished, stay order cannot be passed on empty plot and we hv to file civil suit only.
Please advise, what to do now.
Regards,
Anuj
Anirudh
(Expert) 20 October 2015
When did the demolition take place?
Rajendra K Goyal
(Expert) 20 October 2015
Discuss with the senior lawyer and proceed by showing all related documents, rent receipt, rent agreement etc..
akumar
(Querist) 20 October 2015
Sir, he had demolished the house on 09th october.
akumar
(Querist) 20 October 2015
please advise
P. Venu 
(Expert) 20 October 2015
What was the intention of your uncle in keeping the empty even-after he had physically vacated the same and shifted to his own accommodation?
K.S.Srinivas
(Expert) 20 October 2015
Why your uncle has not handed over the house after shifting to his own flat? What is his intention? When the property does not belong to your uncle, what is his interest in that property. Why do you want to file a civil suit?
Better to keep to quiet and let the landlord build his house.
akumar
(Querist) 20 October 2015
Thxs mr. venu and mr. srinivas for ur reply. but i just want to know what legal remedy is in the hands of my uncle.
the property was in the possession of my uncle from the last 20 years and it is located in a prime location. They want to keep the property and pay rent to landlort on time.
can we get stay order from the court on empty plot to restrain the landlord to build new house there.
Dr J C Vashista
(Expert) 23 October 2015
Whether the rent agreement was still in vogue, registered and valid?
Why did he (your uncle) retain possession of vacated premises and paid rent? Did he obtain rent receipt?
Where is the property located and what was the monthly rent?
Since the landlord has already taken over possession and demolished the rented locked premises you can file a suit for possession u/s 6 of the Specific Relief Act.
Discuss and consult a local prudent lawyer for proper appreciation of facts and circumstances, advise, guide and proceed in a professional manner.
