Harassment by tenant

Querist : Anonymous (Querist) 02 December 2010 This query is : Resolved
I have given my flat on rent in Gurgaon from 15th May'10. The tanent gave me two months rent as advance in cash. He did not ask for any receipt. For 15 days in May he paid the brokerage on my behalf to dealer. For June'10 he paid the rent late to me in cash so I asked him for post dated cheques. He gave me 11 post dated cheques. The cheque for July got bounced and he gave me cash on informing him. In Aug he told me not to deposit the cheque and he will give me cash along with the rent of sept. as he is out of job for the time being. In Sept he told me that he will vacate the house and adjusted the rent against two months advance. In the meantime in Sept I left India to meet my son in Singapore. I am still in Singapore. He did not vacate the house and gave the rent for Oct on 22nd or 23rd Oct to my daughter living nearby my flat. All his post dated cheques are with me. Neither he is vacating the house nor he is paying the rent as I am out of India. I will be back on 10th of Dec and want to know what action should I take. Should I get his cheques bounced and send notice for vacation on grounds of non payment of rent and also file a case for bouncing of cheques. Kindly advice.

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adv. rajeev ( rajoo ) (Expert) 02 December 2010
You have to two options one is to bounce the cheque and initiate criminal proceedings u/s 138 of NI Act and another one is issue notice to vacate the house on defaulter ground

Advocate Bhartesh goyal (Expert) 02 December 2010
I agree with Mr Rajeev.

Devajyoti Barman (Expert) 02 December 2010
Yes you can file a cse for bouncing of cheque to recover the arrear rent. For getting back the tenanted property you have to file a suit for eviction of tenant where you can claim for the deafult rent as well.

s.subramanian (Expert) 02 December 2010
yes

Guest (Expert) 02 December 2010
I do agree.

G. ARAVINTHAN (Expert) 02 December 2010
How about both the options?

DEFENSE ADVOCATE.-firmaction@g (Expert) 04 December 2010
Rent cases drag for years and even end up up to SC. Even after final decree of eviction execution objections go up to SC.

So better try to resolve in between you., because I am on the side of accused of NI 138 and tenant in rent cases and telling you from real stories.

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