Govardhana (Advisory Consultant) 10 February 2010

Can you pls help me,the legal procdre. to vacate tenant

Dear All,

Can you please help me, what is the legal procedure how to vacate tenant from the house.

Where as I have given my old and small house for tenant during 2006 and renewed the rental agreement (Issued a fresh rental agreement during 1st week of Sept.2009)

At the end of the September month due to heavy rains and construction house from back side the part of the wall got damaged. (Hence it built of with mud walls before Independence I purchased around 2005 Dec)

We informed tenant to vacate the house, where as tenant requested for some time to have smooth transition vacating.

We informed tenant max 3 months time until December to demolish and to start constructing.

During the December tenant sent a legal notice to me saying he is getting threatening for vacating the house and. Where as I have informed the house wall damages 45K to built-up and with furniture damages 30K of close to 75000/-, where as he is saying I have to pay within 15days of the receipt of this notice said amount other wise he will lodge criminal case on me.

During this period I was on vacation one of my neighbors collected the courier and we came to know that.

In reality he is paid 30000 advance and paying 1500/-rent during damaged wall I spent 7000/- and he supplied labor being he is in same field the value of 2000/-rupes and he deducted in the rent amount for next two months balance 1000 rupees paid.

Regarding the damages could be around 2 to 3 thousand. of his cot & table, where as we informed to the until now tenant is staying at his own risk, I am not responsible for any kind of damages and persons staying in the house.

After returning back from vacation by know these Layer notice as per the December is the deadline to vacate in that manner I have asked tenant in present of neighbor, tenant requested for another 2 to 3 months i.e Feb or March and because of we are given deadline to vacate before December tenant saying he is threatening (we understand that It mean he is agreed saying sent false legal notice to me) and we are not discussed on that front with tenant.

In front of the neighbor he is agreed that he is deducted his service labor provided 2000 INRs from rent and there is no any dues.

At the same time he is asking for to buy the house by 7Lacs can I give, where as market value of above 10 Lacks, I said to tenant not planning to sale and going for constructions for my own purpose.

Keeping in this mind, I hope again he will prolong the dates to vacate the house.

What kind of legal actions I can take or what is the general procedure for giving a 1 month notice.

(In the agreement mentioned either parties can give notice 1 month)

or, Shall I take signatures from tenant that if he request for another 1 or 2 months neighbors and from tenant mutually one more agreement to vacate the house.

Thanks a lot in advance for your help and advice on this matter how to proceed. seeking your help.

With Best wishes, Govardana

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2 Replies

nautanki (None) 10 February 2010

Yeh India hai. Eidhar sab kuch mumkin hai. Ghar ko aag laga do, par kabhi bhade par mat chadao. Bhale tumara ghar me chuhe ghus jaye, par kabhi kisi Indian ko ghar bhade pe mat do. Sab sale harami chor hote hai.

Tumse galti ho gayi, ab eis ka koi ilaj nahi. Galti ki hai to saja ab bhugatna padega. Ya to apna ghar tha hi nahi kar ke bhul jao ya to fir gunde bhijwa kar uski maa bibi bahan ke sath durvyavhar ka dhamki do. Usko ja kar roj paresan karo. Uska hawa pani band karwa do.

Ye ghee sidhi ungali se nahi niklega mere dost !!!

Suri.Sravan Kumar (senior) 27 February 2010

pl read the judgement of Supreme Court in Nathi Devi V/S Radha Devi Gupta

The widow of a landlord sought to evict her tenant on the grounds that she required the property for her own personal use, as she was in bonafide need of the same. Both the Trial Court and High Court upheld the case of the landlord and refused to grant leave to the tenant to defend the eviction petition. An appeal was preferred to the Supreme Court on the ground that only a landlord who had let out his premises to a tenant, could be allowed to evict the tenant. A subsequent purchaser could only do so after the statutory period had passed, and therefore the eviction petition was not maintainable.
The Supreme Court while dismissing the application of the landlord held that immediate possession could only be required by those widows "who had themselves let out the premises or it had been let out by her husband"