Tenent refuse to vacate house, not giving rent
Querist :
Anonymous
(Querist) 01 March 2018
This query is : Resolved
I am a senior citizen at the age of 75. I have passed M.Sc from Annamalai University during April 1970 and served TNEB for 31 years. Retired as an Audit officer on 31.10.2001. I am having a house at Tirunelveli Town.
Unfortunately I have rented my house to a family of average income, who were running a shop of waste paper and scrap materials. The family contains of A man aged 73 years with his wife 65 years and their son a plumber 42 years with his son 10 years old. This happened when they were running a shop opposite to my house put an agreement of 11 months from 01.02.2015 to 31.12.2015 to live in my house for rent. I agreed and signed the agreement with the condition that house and premises is only for Domestic use and dogs are not allowed. But they allowed 2 dogs. The rent has been fixed at the rate of Rs.6000/- per month and water charges Rs.100/- per month and current charges etc.agreement signed. ( I was in Chennai some 700 km away from Tirunelveli affected with ostreorthroitis.) Using this oppertunity in my absence, from April 2015, they have vacated the shop and placed the shop adjacent to my house in the vacant place building a cover as a shop. No rent fixed for that shop . When I came to know about the misappropriation I fighted to vacate the house and premises. To remit the house rent into the bank, account number has been given but four or five time partial amount remitted with a heavy balance of Rs.105000/-. They were telling that they have applied for a business loan of Rs.200000/-with Canara Bank and would settle on getting it. In the mean time I send registered notice to vacate house and shop, all went in wain. This was happened because I am left alone, sick and my children are away. Also I am a widower.- All my efforts went in vein and so finally I went to the police station on 26.12.2017. The inspector of police took strict action to vacate the house. Agreeing to vacate the house & shop on 25.01.2018 the agreement holder, committed in writing to the Inspector of Police on 26.12.2017 with reference to FIR filed by Inspector office. But as committed the family did not vacated due to some external support. Again on 11.02.2018 I have taken the matter to the Inspector of Police. Police compelled to vacate on 14.02.2018. This time an advocate intruded into this matter and obtained time out upto 21.02.2018. This time also not vacated and rent amount not remitted. Police officers are supporting my case. Final cut off date to vacate the premises is given as 08.03.2018. I am a senior citizen of 75 years old and I am experiencing such a hardship. As they are not giving any rent, they are not willing to vacate the house. Moreover people nearby are not giving house to this family. Thereby I am suffering a lot. I am much worried and lost health. May God and friends help me giving suggestion and ideas please. D.Jo.
Some people say that I have committed a great blender that on one month lapse of rent I should have taken the matter to police. Due to sickness And fear of Police I have not visited police. Is it an offence on my part, please friends give me advise. D.Jo
Kishor Mehta
(Expert) 02 March 2018
This is strictly a civil case and police have no legal rights to interfere. You have to take recourse to the prevailing Rent Act of the State and file an ejaction suit in the Court. Consult a practicing advocate at the earliest in your own interests.
Ms.Usha Kapoor
(Expert) 02 March 2018
You file a case under appropriate rent act or rent control act of state and eviction of the tenant who has fallen in arrears of rent. Police has no right to interfere as thiis a civil case.
Ms.Usha Kapoor
(Expert) 02 March 2018
You file a case under appropriate rent act or rent control act of state and eviction of the tenant who has fallen in arrears of rent. Police has no right to interfere as thiis a civil case.
Dr J C Vashista
(Expert) 05 March 2018
If you are seeking an obligation of experts FREE OF COST you will have disclose your identity as per rules of this platform, no reply for an "anonymous" author.
