Man hani case

Jaya (Querist) 21 November 2013 This query is : Resolved
Hi sir, I am struggling to get my tenant out of my apartment and have tried to speak to the property supervisor about the condition of my house. Also I have spoken to the association members & the witness in the rent agreement to see if they can convince my tenant to vacate apartment. In this scenerio can my tenant file a manhani case on me for bring his reputation at stake in the community.

Pls suggest.

regards
Jaya

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Advocate M.Bhadra (Expert) 21 November 2013
Defamation case against you does not lie,eviction of tenant is lengthy process of laws.However if you want do then you can send a Legal Notice to your tenant calling him to quit and vacate the room for your own use.If he would not comply then you can file a suit for Eviction of Tenant in Civil Court on reasonable requirement ground.

Owner is entitled to the possession of his premises as long as it is bona fide’
In a blow to tenants, the Supreme Court has ruled that landlord is the best judge of his need and is entitled to take possession of his premises for bona fide personal reasons though not as a ploy to evict them.
The apex court said that merely because the tenant is living for several years, it does not mean that the landlord can be compelled to manage his own requirements in a smaller accommodation.

one another judgment follow;

Supreme Court of India
Dhannalal vs Kalawatibai & Ors on 8 July, 2000
Author: R Lahoti
Bench: R Lahoti, B Agrawal.
CASE NO.:
Appeal (civil) 3652 of 2002
Appeal (civil) 3653 of 2002
PETITIONER:
DHANNALAL
Vs.
RESPONDENT:
KALAWATIBAI & ORS.
DATE OF JUDGMENT: 08/07/2000
BENCH:
R.C. LAHOTI, B.N. AGRAWAL.

Jaya (Querist) 21 November 2013
Hi Mr. Bhadra, as filing a case is a lengthy process, what would your opinion be if I try to contact his company's HR to try to convince him to vacate. Pls suggest.

Jaya (Querist) 21 November 2013
Hi Mr. Bhadra,t as filing a case is a lengthy process, what would your opinion be if I try to contact his company's HR to try to convince him to vacate. Pls suggest.

Raj Kumar Makkad (Expert) 21 November 2013
If your desired relief is possible without litigation then it is the best option to be applied but if no fruitful results come out of those efforts then file the eviction petition.

Jaya (Querist) 21 November 2013
But what worst can happen if we contact his company's hr. Can it back fire us in any way. Pls suggest basis your experience.

Vidhi Joshi (Expert) 21 November 2013
send a legal notice, if no results file eviction petition.

Jaya (Querist) 21 November 2013
But what worst can happen if we contact his company's hr. Can it back fire us in any way. Pls suggest basis your experience.

Rajendra K Goyal (Expert) 21 November 2013
Nothing worse will happen, you may contact.

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 November 2013
1) Defamation - MAN HANI and eviction of tenant are two separate issues.

2) But in arrogance and over confidence due to mis reading and wrong evaluation of HIGHER COURT citations many landlords use tactics not approved by law such as abusing making vide publicity about the intentions which may attract criminal action.

3) If you go through all such citations of SC even in favor of landlords than still any of them has not laid down any general law or conditions for others to follow than in particular case.

4) For tenants there are always vital mistakes in filing cases starting form issue of notice which does not comply the TP ACT and STATE LAW , but since proper pleadings in WS are not given at earlier stage so at higher level no court will entertain it and hence the case goes against the tenant.

Jaya (Querist) 21 November 2013
Sir, didn't understand the 3 n 4 point. Pls could u elaborate.

Jaya (Querist) 21 November 2013
Sir, didn't understand the 3 n 4 point. Pls could u elaborate.also

Kundan Kr. Singh (Expert) 21 November 2013
pls contact to any local lawyer and discuss the matter.

Jaya (Querist) 21 November 2013
Thank u sir but we are still trying to understand all pron n cons of every step. Also we were thinking of sending my brother with one of ex colleague, policeman, apartment association members n rent agreement witness from our side to meet the tenant and convince him to vacate. We have communicated clearly that everybody would remain cordial polite and non abusive. Can he still file a manhani case saying we spoiled his name infront of these many ppl. Pls suggest.

T. Kalaiselvan, Advocate (Expert) 21 November 2013
Jaya, there is no substance to file a defamation case in the event of you asking your tenant to vacate the rented premise but if you have exceeded your limit during exchange of words, he may contemplate a libel case against you especially if he feels of being insulted in front of general public. The best way to avoid all these and also to arrive at a solution, adopt legal measures namely, issuing lawyer notice to vacate and if not complied with your demand within the time stipulated therein, filing an eviction suit or petition before the rent controller's court.

V R SHROFF (Expert) 21 November 2013
Try with his employer/ contact his company's hr./ witnesses:

But usually it don't work.
Company interest to make profit, and protect their employee, not u. Co will hv no interest.

Better start legal procedure, or contact local politician.

V R SHROFF (Expert) 21 November 2013
NO MANHANI CASE..........

Jaya (Querist) 21 November 2013
Hi Sir, we just received a mail that the tenant has filed a complaint against us in the local police station. Please suggest we being abroad how can we tackle this. Regards Jaya

Man hani case

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