Sundaresan K (Software Engineer) 03 December 2008

Dispute With The Tenant Regarding Demand Of Possession

Respected Sir,

My name is Sundaresan.I work as a Software Engineer at Bangalore.

I have a house at Sirkali (my hometown) in the Tamilnadu state which I bought in 2005 with HDFC Bank Loan.I am still paying the EMI for the same.

The house has Ground + 1st Floor.The first floor is occupied by my sister's family and the ground floor has been rented out to a tenant from Decemebr 2007.

There is a rental agreement between the tenant and me for a peroid of 11 months which ended in October 2008.And the agreement clearly states that the tenant has to vacate the premises at the end of the 11th month.

I have been asking the tenant to vacate the house starting from May 2007 since we neded the premises for our own use. At first the tenant refused to vacate quoting the rental agreement, which is for 11 months. He said he could think about vacating only after the rental agreement expires.

Now the tenant is saying the agreement is only for "formality" sake and no one will come to a house for rent only for 11 months.

I wanted to take up this issue legally. But the localites are scaring me telling that the legal process will take years together to get the judgement.

Since I am staying in Bangalore currently and my conscience does not allow me to take up "other" means to force the tenant to vacate the house, the only option open before me is taking up the issue legally.

I seek your advice in this regard. Is it true that we will not get justice immediately if we seek for legal solace?

I pay a premium of Rs 11215 every month for this house which is a major portion of my monthly earning.Also we are paying all the savings we have to repay the loan as early as possible though the laon tenure is 20 years.The minimum I would expect is to enjoy total ownership over the property.But I am denied of that.I am deeply hurt and distressed because of my tenant's attitude.

Earlier in the year (May 2008) my grandmother was seriously ill and we desperately needed the ground floor portion for her keeping her there and taking care of her.The tenant at that time also refused to vacate the premises.Now my grandmother is nomore and we are sentimentally upset that we could not keep her with us in her last days.

My 16 months old son is not very comfortable with the weather conditions in Bangalore and we desperately need a place for our frequent use and stay.My mother who wishes to travel to Sirkali quite often would find the ground floor house much more comfortable due to her old age .

Please guide me as to how I can get the issue solved legally.I can provide all the necessary details you need as and when required.

Thanks And Regards

Sundaresan

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4 Replies

Ajay kumar singh (Advocate) 03 December 2008

Please contact a local lawyer and take the matter before local civil court . File a suit fr eviction of the tenant. You have got a good case of eviction.Eviction suits do not drag long.Maximum period for disposal of eviction suits is generally prescribed in the STATE EVICTION LAWS.

K.C.Suresh (Advocate) 04 December 2008

Your case is a good one on own use purpose. pl. meet an advocate on civil side to file a suit for eviction. Don't worry about the time taken you have this option left.

Sushil Kumar Bhatia (Advocate) 05 December 2008

Dear,

You have written that the house rented to the tenant in decemeber 2007 for 11 months and you said agains that you asked tenant to vacate in may 2007,however it seems an agreement for letting for 11 months before the expiry period neither landlord compell the tenant to vacate before stipulated period nor tenant can vacate before stipulated period without paying full agreed period rent moreover you should file a suit for ejectment and recovery of illegal use and occupation and you should demand mesne profit / damage and court can give an expedious decision for ejectment and decree of damages which will be much higher than rent and tenant cannot seek any releif upto the higher courts.