Tenant refusing to vacate

Querist : Anonymous (Querist) 17 July 2010 This query is : Resolved
I have a property in chennai which was rented out for a period of 11 months. The agreement gets over this July end. I have given a 3 months notice as per the agreement to the tenant to vacate. She all along been promising that she will vacate, but suddenly she has filed an Injunction for not vacating. I have a huge loan on the above property. I need to dispose of the property to pay my bank arrears. The tenant has also done damages to the structure. Though the property was rented for residential use , she was running a creche inside. I want to inspect the property...can i do that , when the injunction is in force. Injuction i belive is only for vacating..I heard from my advocate that RCOP cannot be filed as the property is coming under sub-urban limits..

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Kiran Kumar (Expert) 17 July 2010
first of all find out whether the property is covered under the Rent laws applicable in your area or not.

if yes then proceed according to the grounds available to you like change of land use, bonafide necessity etc.

if not then you may file a suit for recovery of possession.

consult some lawyer who is expert in civil law.

otherwise need not to worry, u ve got a good case....let her waste her money and time, finally you are going to get your property back.

adv. rajeev ( rajoo ) (Expert) 17 July 2010
Follow the advise of Kiran KUmar.You have to issue notice u/s 106 of the TP act terminating the tenancy and giving her reasonable time to vacate, if she failed to vacate then file a suit for possession. Before this consult a layer to know exactly about Tamilnadu Rent Control Act

jayeshmankodi (Expert) 17 July 2010
follow the advise of kiran and raju you will definately get back your property need not to worry.
jayesh mankodi-advocate-jamnagar

Uma parameswaran (Expert) 17 July 2010
File a petition to vacate the injunction.You have good grounds.

Querist : Anonymous (Querist) 17 July 2010
Thanks for your replies..But my biggest issue is i am paying Rs.50,000/- per month to the bankers....and due to recession in Gulf., i was forced to come back to India. I have not paid 4 instalments...Bankers have also decided to proceed legally against me for the dues..thats y i am in cross roads..If this case goes for a year or two apart from financial loss ,mental trauma is unbearable. Banks for the first 5 years or so adjusts the entire amount paid as EMI towards interest. The more i delay in disposing of this property , the loss every year is approx 6 lacs..The tenant is not willing for compromise also..She just wants to harass and sit on the property for next 5 years or so. Even by winning the case after 2 years or so., i will be a real loser and she will be the winner by the process delay, bcoz she is going to achieve what she wants..