Eviction case

kaushikphm (Querist) 30 August 2008 This query is : Resolved
Dear Sir,
My sister and myself own and let out a
shop portion. I am only signing rent receipt everymonth for 6 years till now.
The tenant was a chronic defaulter from
2003. I filed an willful default case against him leaving my sister.
Could you please advice me for the further steps.

Best regards,
Kaushik

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Sanjeev Mohan (Expert) 31 August 2008
If your sister is a co-owner,you will have get her impleaded other wise the suit would be bad for non-jointer of necessary party.

kaushikphm (Querist) 31 August 2008
Dear sir,

Thanks for your reply.
Could you please clarify me whether I have to
Get consent letter from her/ Include her as a joint petitioner.

H. S. Thukral (Expert) 01 September 2008
No. You need not implead your sister if you have approached a rent controller. any co-owner can file a suit of eviction. Otherwise too, you collecting rent, are a landlord in terms of a rent control act.

kaushikphm (Querist) 02 September 2008
Dear Sir,

Thanks for the reply
I have filed rent receipt from 2002 which was signed by me and Excel sheet showing
the number of months defaulted from 2002 to till date as evidence in the suit.
Moreover, he has cleared all the due(rent)only after receiving court summon.
Is it enough to evict this respondant.
Could you please clarify me.

G. ARAVINTHAN (Expert) 05 September 2008
Your sister must be definitely impleaded in the rent control/ eviction proceedings as a petitioner along with you.

kaushikphm (Querist) 27 September 2008
Could you please provide us the
Citation judgement for this case.
as cross hearing were over and argument is pending.

Shyam Ji Srivastava (Expert) 28 September 2008
Actually each and every states have their own Rent Law hence without knowledge of state no opinion can be given
Thanks
Shyam Ji srivastava
Advocate