Upgrad LLM

curfew and rented premises

manager

My father residing in Janakpuri, New Delhi, signed a compromise in court with his landlord on 2 March to vacate his rented prmises on 2 May. 2020 Because of lockdown he could not go out to search for new house. 1. Can the landlord vacate the premises forcibly on 4 May when curfew opens. 2. Can he get another 2 months extension from court on bases of curfew. 3.Any other options.

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LEGAL

certainly this is the situation known to everyone and needs no evidance to prove. Let you stay as the situation is beyond the reach and control of humans. If the land lord insists let you not repond and instead give him a notice, that due to lockdown and pandamic restrictions in country you are extending the stay for two or three months. Don't move out let him go to police or court he will be thrashed for his inhumanly action. Dont worry just inform him in writting that you will vacate once the atmosphere is condusive respecting the court order and compromise.

 

 
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Student at Faculty of Law Banasthali Vidyapith Rajasthan.

A simple notice can be given to the landlord citing the current situations and the circumstances easily. He will not be able to evict you as this reason was beyond your control and he will have to give you an extension upon proper negotiation. 

 
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manager

Thanks to both of you.

1. My father at present is staying with my younger brother in delhi only.

His first floor portion is locked with landlord staying at ground floor. Can he break open and take the pocession on 2 May since he has got orders for the same.

Or he has to take the permission from court again. (Where he has good hold on junior staff of The judge.)

2. "The good hold "means that on the last and only court date my father wanted to negotiate the time frame with help of the judge, but when my father went to court, there was no judge in the chair, (he never met or saw the judge) they managed to get the order of 2 May typed from junior staff and get my fathers sign done under pressure. Is it normal in judiciary or objectionable. (The litigant given the decision of court in absence of Judge.)

3. Please guide how can he give any notice during curfew.

 

 

 
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Strictly speaking if he is a law abiding citizen he has to approach the Court for vacating. Its better that your father sends a letter to the landlord that he is still in possession of the rented portion and his belongings are inside and seek time for vacating. Orelse the landlord can say that your father has vacated and he has take posession.

You can send a email to the landlord or whatsapp message to the landlord.

 
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Hello Mahadevan, 

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  -  11:15 to 17:04

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!

 
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