Sudip Adhikary
16 July 2019 at 15:46
A landlord & Tenant litigation is pending in court for eviction.
Tenant occupied one extra room without permission and build strong
foundation so that landlord cannot enter the occupied room.Landlord
have informed the petition to the court , but court did not take
any step till date.Landlord facing shortage of space with his
son/daughter/grandson/granddaughter.
Is there any legal remedy to get back the room (District court, high court).
Please advice.
Sudip Adhikary
08 October 2018 at 13:26
On expire of of contract.Landlord ask to vacate premise and refuse to take rent.
Tenant send money order by post (once) , landlord refuse.
Tenant file title suit.Get injection from court.6 Years have passed.
case is still pending in court.
Tenant neither file any petting for depositing rent to court and not depositing rent
in the court.
Tenant is not paying the rent to the Landlord also.
He just taking advantage of large number of case and dragging the case long and long.
My question is that , as he is not depositing rent so long neither court or landlord.
Can we claim him "willfull defaulter"Will it be a strong ground for eviction ?
Sudip Adhikary
29 August 2018 at 14:18
1)A khas procession was rented in 2004 for one year.
2)The rent agreement was renewed 2005 for one year.
3)After 2005 , rent agreement was not issued.
Land lord never issue rent receipt.Original of all rent agreement
is lost , XROX copy of rent agreement is there with landlord.
Tenant have no agreement copy only XROX.
From 2005 end till date , land lord not accepting rend.
Asking to vacate the processing verbally .Tenant were asking time.
on 2017 , land lord file for eviction suit.Now tenant is saying that
he has paid up to date and not rent receipt was issued.As landlord
can not show ,the counter part of any rent receipt , he claim that,
the payment has been made over hand.
a)If landlord is not able to produce counter part of rent receipt.
Will court consider full payment by tenant ? Landlord can not
ask for default of payment ?
b)Tenant has made alteration of the property without consent and that have accepted by
tenant in the court.Is this a valid ground for eviction ?
c)XRAOX copy of agreement can prove Tenancy ?
d)Tenant has no paper , only XROX copy of the Agreement.
Will it be difficult to evict them?
d)Landlord daughter and her husband has no own house.Both govt employee.
Both are eligible for Govt Qauter.Landlord want to gift this property to his daughter
and daughter want to demolish exiting structure and build new by taking housing loan.
(Currently Tenant or his relative does not stay this house,it is too old and damaged)
Is this reason is sufficient for reasonable requirement ?
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Tenant problem
1)Tenant filed title suit for permanent injunction against eviction
2)District Court issue temporary injunction instantly
3)After getting injuction , tenant disconnect electricity for landlord portion, paying electric bill self and landlord cannot use his own electricity since 2011.
3)Tenant break wall and and occupied one extra room
4)landlord inform Court all ,several years ago ,Court did not hear the petition till date
5)lawyer is saying we cannot do anything as the is ruung in the district court
My question is
1)Is there any remedy to get back the electricity and extra occupied room?
2)Can we file any pettition in High Court ? if yes, please inform what type of petition
3)Can we ask to file FIR to District Court or High Court?