Tenant eviction ii
Chandrika Subramaniyan
(Querist) 08 September 2013
This query is : Resolved
Tenant Eviction
I have 2 cases ongoing in court since Aug 2011. One for Owner occupation and the other for failure to pay rent. As tenant has failed to pay rent for past 15 + months, my lawyers have filed a petition under RCA Section 11 (4) on my behalf. He proposes to continue the case under Owner occupation clause.
The tenant and his family have vacated/or rather not living any longer in my flat for past 2 months (known through other occupants of building and his lawyers declaring verbally in court to Judge) although he has not handed over the Key and the flat is locked (Door lock and not the tradition latch/lock and Key) . But he has not moved his ACs and it is possible that there are a few things still left inside the flat. The Building occupants don’t think he or any of the family are in the premises or have slept in the flat for over 2 months now. Tenant has not collected his letters, nor has given the maintenance charges for the building, nor has paid the electricity charges as a result of which the power has been disconnected to the flat neither has given anyone his forward address. By word of mouth it is known the area where he may have moved to (a certainty confirmed by one of the owners of a flat in that building). His lawyers during the last date have requested the court verbally for little more time to move the remaining things in the flat and said would bring the key or the tenant during the next date. But few weeks ago, some tables and chairs (few) were seen to be moved in to the premises. When one of the owner occupants met him about 10 days ago in the building (He had come for something) and in conversation they came to know that he had intention of running an office there to which the building occupants objected saying it was a residential area and that they would not permit running of an office in the premises. The tenant had also rented another/opposite flat in the building and he has vacated that too. He may be expecting key money (Large sum) to vacate my flat and this was communicated by his lawyers unofficially to mine (This was before that declared in court that he has vacated).
There is also reason to suspect whether he may or not have sublet the property. And in such cases it is known that court cases tend to drag on for years on end.
I would be grateful for your observation, suggestions and opinion on the above for possible action/s for a fast and amicable conclusiveness of the case going foraward.
1. Perhaps we can move the court without notice to opposition to go inspect the premises there by proving to them that the delay by tenant in handing over the key is deliberate and perhaps this might also facilitate appealing through high court for a fast and quick order to opposition to hand over the key.
2. Perhaps through a known higher police authorities to inspect the premises with their help and using this as evidence for a fast court order.
3. An option I will not consider ….is through illegal force….as this does not appeal to my ethical and moral values.
It is very disheartening to know that…law based justice…and truth based justice….seem to be the very opposite things…when infact the former was meant to aid the latter.
Thank you…CS
R.K Nanda
(Expert) 08 September 2013
meet lawyer personally as ur case is complicated.
ajay sethi
(Expert) 08 September 2013
since he has already vacated the flat as per oral submissions made in court then on next date of hearing ask the tenant to handover the keys to you . agree to with draw the cases on payment of arrears of rent ie 15 months .
if tenant refuses to hand over the keys continue fighting the cases filed by you .
Raj Kumar Makkad
(Expert) 09 September 2013
The major part of the legal battle has already been won by you and the remaining course of action is just to press for the payment of arrears of rent and handing over of keys.
Chandrika Subramaniyan
(Querist) 10 September 2013
Thank You Sirs, I am grateful to all of you to have taken the time and effort to reply...Thank you....CS
ajay sethi
(Expert) 10 September 2013
thanks for your appreciation
