injunction suit to be dismissed - what next

Querist : Anonymous (Querist) 18 October 2010 This query is : Resolved
Dear Sir, Madam

My tenant has filed a vexatious suit for injunction. All the evidences and cross exam deposition proved futile as he stated contrary to what he claimed in the petition.

Tenant has not paid the rent from 2 and half years till now.He has to give me 3lacks.

Now what is the procedure to vacate the House, What is the procedure?

How to recover the rents. He is a Govt servant. He has illegally registered my house with the govt and using it for commercial purposes since 2006.

Can i claim commercial rents?

If I file for eviction and the grounds are more and genuine what is the minimum time by which i can get a decree for evicting my tenant.

Pl suggest the right way and options.

Thanks Sirs.

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Devajyoti Barman (Expert) 18 October 2010
Now you have to file a suit for eviction if no such suit is already pending. You can claim the rent in the same suit itself. The grounds would be of reasonable requirement of the suit property and for arrears of rent.There is no time limit for such cases.

Khaleel Ahmed Mohammed (Expert) 18 October 2010
Well advised.

Prakash Langalia (Expert) 18 October 2010
first of all you apply before court in which suit for injunction is filed to get panchanama of the rent premises,to bring the fact that tenant is using same for commercial purpose. thereafter, issue eviction notice claiming rent and change of users. also inform concern govt.department in which he has registered said premises as residence

Rajeev kulshreshtha (Expert) 18 October 2010
I also agree with Mr. Barman.

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