Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sriram (software engg)     07 October 2016

Advocate tenant not vacating

Respected Sir/Madam,

 

Sub:  Tenant not Vacating and threatening not to vacate forever

 

I am V. Sriram, currently living in Bangalore with my mother. I having a real nightmare with my tenet. I am writing this for 2nd opinion on this case at Trichy court.

 

I have rented my house to a tenet named A.Velankanni (also Advocate in Trichy Court) in 2011 for 7500Rs in Trichy, with one-year agreement. As we are not happy with the tenet as he did lot of damage to house, was asked the tenet to vacate after one year. but he wanted to stay for another two years, when we asked him to vacate, he started paying less rent Rs 4000 from that date till now. As my mother was not will that time I did not go court.

 

Last year I consulted a local layer in Trichy on this matter I have put three case on him on may 2015, after all the notice to tenet, the case was put on Sep 2015 (RCOP No.78/2015)

  1. Evection of property,
  2. Not paying the rent properly
  3. Fair tent.

 

Finally, after multiple Judge change, court leave and strike, case was taken for hearing.

 

 Now the tenet is threatening me, saying if I prolong the case, he will go to till supreme court requesting for appeal. And According to our Advocate this case can be Dragged to 3 to 5 years minimum as he knows all loop holes in the system.

 

Now the tenet as come with amicable settlement, saying

  1. he will stay for another 1.5 years,
  2. he will not pay any rent balance till date,
  3. after this amicable settlement is done, he will be paying rent of Rs 7500 for next 1.5 years.

 

My Advocate as suggested to go with the amicable settlement with Tenet.

 

My Priority: The tenet should vacate immediately

 

So have 2 option,

  1. to proceed with existing 3 case
  2. Accept the amicable settlement from the tenet and sit silently for 1.5 years and wait what happens next.

 

Request for your suggestion, or if any other better solution.

 

Thanks,

V. Sriram

Also Attaching whatapp threat he gave. 



Learning

 4 Replies


(Guest)

Go for settlement this is my honest opinion in your case .

Second thing don't withdraw suit under CPC go for Compromise of suit

Order XXIII of CPC consist of Withdrawl and adjustment of suits.

Go as  per provision mention in Rule 3 of Order XXIII of CPC ( that is Compromise of suit)

1) In this you need to enter lawful agreement /Compromise

2) It must be in writing and signed by all parties to dispute

3) It must be recorded by Court

4) Additionally all parties to dispute should submit Affidavit to Court that they have signed the agreement /Compromise. 

4) A compromise (consent) decree of Court must passed. 

Follow the procedure of Compromise of suit properly because you are dealing with person who has studied law not ordinary person. 

 

 


(Guest)

Please note withdrawl of suit is different thing and chances are that after withdrawl of suit he may change his mind at drop of hat. 

Sriram (software engg)     08 October 2016

 :-[  is there no quicker way to fix it, is our law/court/judge are so bad. I see some quick Judgement in case of high profile person.

He has already done lot of damage to my property, the total loss can be estimated to from 5 to 10 Lakhs.

As an advocate he (the tenant)  doesn't have spend any money in local court or supreme court, but in my case i have already spent more than a Lakh now on this case.

I don't understand how can tenet or any person live in the property without any agreement or when agreement period is over,
is it not illegal ?
can I any way file a criminal case on this matter ?
its same like trespassing.  Right ???


(Guest)

What he did so much damage of 5 or 10 lakhs means curious ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register