How to evacuate a tenant who has got a injunction from court

Lawyer

Dear Mr. Gangal In order to finally resolve the query , you are advised that Yes ! a tenant can be evicted in a set of cirumstance relevant to a particular case. Since tenancy laws are local laws, what are provisions in that state's law to give juridiction to a rent controller and bar juridiction of civil court. What are the provisions in which a landlord could seek possession of his property. These cases are contested with the help of abled lawyers and seeking help through raising queries would not be much of assistance to you. Without any further waiting, you consult a local lawyer who will decide in which court to file a suit for eviction.
 
Reply   
 

Dear Mr.Shashikumar and Harbhajan , thanx for your suggestion and information.I will proceed on filing a suit for eviction.
 
Reply   
 


n/a

once admitted as tenant such tenant cannot be evicted wihout due proces of law, as such w/o to be filed against injunction and thereafter misc appeal can be filed before the higher court against injunction order and if thereis grounds for eviction i.e. defaulter,unlawful acts by tenant or personal requirement by landlord better to go for eviction suit
 
Reply   
 
advocate

you can appeal to the higher court than that issued interim order. to vacate that interim order

 
Reply   
 

I would like to know the legal procees in the following case:


*) Already there is an injunction and if the tenant vacates the property(a very rare scenario) , then what happens to the injunction which was filed by the tenant.If the tenant is not residing in the property wherein he applied for the injunction , what would be the procedure to close the the injunction applied?


*)In the above case :


  1) What would be the procedure if the Owner has filed a suit for evition


   2) Not filed a suit for eviction

 
Reply   
 
Lawyer

Do not get freightened by the injuction order.  The injuction just prevents you from evict the tenant forcefully.  You can still file an application for eviction in the Rent control Court and get an order for eviction. The delay is there in the legal system. that is not a problem purticular to rent control matters. You have to bear with the delay.


Total likes : 1 times

 
Reply   
 

Originally posted by :gangai
" Sir,
   I have a property  and it was given for rent to a tenant.For about an year he stays there.About  7 months he didn't give us the rent and when we tried to force him to vacate. The tenant stays with his family and since he is an elderly person , we gave him enough time to vacate.
In the mean time we came to know that this person is of fraudulent in nature and he did  used to do this was even in his earlier landlord and at the end gets some money to vacate.At this point of time even before we act , he acted very smartly and filed a case against us asking the court that he could be evacuated only by law.Court has given the injuction and extended the same to one more month.We appointed an advocate and the notice was served to vacate him(by end of apr ,08) which he was not doing .we heard through some of the people who has this bitter experience that the tenant can extend this for few years.
I would like to know in what way this could be extended?As a owner why we don't be given the judgement sooner even if the tenant extens it.We the owner can have more personal commitments to occupy the house which we could not do it currently.Is there any other way to evacuate the tenant?Any tip can help me more in completing this case quickly and relieve our family from the mental strain.
 
"
 
Reply   
 

Please ignore previous post, Accidentally posted...........

 
Reply   
 

Sir,

We are in a similar situation,  please let me know how you evacuated the tenant?   Please share across your number to sekarsadasivan@yahoo.com,  would like to take your advice. 

Thank you

Sekar

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu