Tenant dispute / eviction case
Chandrika Subramaniyan
(Querist) 22 July 2013
This query is : Open
Background
Rents from Tenant of 6 Years were received irregularly from 4 years ago. And eventually his cheques had bounced. He was also found to be using the residential area for commercial purpose. Although he agreed to pay rent it never matererialised and eventually we had filed a case 3 years ago for eviction based on misuse of property and for owner occupation. While the case was in progress….a year down the line one of the co owners (Husband) passed away. But Lawyers continued to conduct the case under current legal owner (Wife) and finally procured the eviction order from the lower court. When they went to take possession with Court Ameenas and police protection….it was found that a new occupant had taken possession from the original Tenant by paying a sum. The new occupant refused to vacate but appealed in high court where his case was turned down and withdrawn by his lawyer under a threat from the Judge that if he did proceed with the case, the lawyers future would be a question mark as the Judge thought the verdict of the lower courts were apt. Now the case is back on the lower court and the tenant and his lawyers use delay tactics ( repeated Petitioning without any reasons etc) and the case is being delayed.
I would be grateful for your observations , opnions and guidance for a speedy conclusion of the said case.
Thanks
CS
