Tenant file civil suit on house owner on 2015

Querist : Anonymous (Querist) 15 September 2021 This query is : Resolved
Sir,

Myself Narayanan K.V and native of a village kuniyour _Tirunelveli Dist.. My grand father Age of 89 has let his house (Adjucent to our current residency) for rent in the year of 2012 to a govt employee now the tenant has retired from service. In 2015 ,While We request the tenant to vacate the house he has filed a civil suit on my grandfather that

1 . my grandfather is threatening him for vacate the house

2. And seeking permanent order that either we or any person on behalf of us not to approach him for vacate the house against law.

3. He mentioned that he has been regularly paying the rent of Rs.1000 / PM. ( After 2015 we have never received any rent )

4. Also seeks compensation for court exp and etc..

5. Last week tenant has filed write petition for compromise and same came in Lok adhalath. But he fails to attend. My grandfather was attend the court in the age of 89.

6. Now he seeks some compensation in out of court( maintenance expense during his stay _ till date)for vacate the house

Our family members almost lost our patients and peace of mind. But the tenant is enjoying the life along with our property..... My grandfather wish to stay his own house during his last period of his life..

Kindly advice us to evict the tenant and break the civil suit....

Is there any option to approach Highcourt, Supreme Court or any other leagal proceeding to quickly end the civil suit filled by the tenant and evict him from house.

Shall we transfer the sub court Civil suit to rent control court.

Kindly advice

Thanking you
Narayanan K.V

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Querist : Anonymous (Querist) 16 September 2021
Wronly submitted as anonymous

Advocate Bhartesh goyal (Expert) 16 September 2021
Tenant's suit does not mean that your grandfather can not get vacated the rented premises. It's simple meaning is that your grandfather can not get vacated the premises forcefully and without due process of law. your grandfather has to file eviction suit against tenant on the grounds available to him.

Querist : Anonymous (Querist) 16 September 2021
Mr. Bharadesh Goyal Dir,
Thanks for your valuable reply..... Can you give me one more clarification
1. Shall I give our house to lease for two years to a third party with intimation notice ( eviction) to tenant vacate the house with in a stipulated time period ...

2. Is it legal contract while the tenant filed a suit on owner of the house...

4. If it is legal then the tenant fails to reply or vacate the house the lessee can enter a fresh rent control agriment with tenant or he can lodge complaint with rent control authority....

Thanks
Sincerely
K v narayanan

P. Venu (Expert) 19 September 2021
You need to follow the due process of law, in accordance with the Rent Laws in force in your State to get the premises vacated. Invariably, non-payment of rent as well the bonafide requirement of the landlord are substantial grounds in seeking eviction. Assigning the property to a third party would only worsen the situation.

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