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Siva Shunmugam (Executive)     10 September 2013

Evacuation of tenant

Hi Advocate Sir,

I have a property in Chennai, where I have filled a case on that before 5 years after so much of hearing where we won two of the hearing and on third he has failed to present so as a result the judge has gave the judgment that we have the won the case.

We actually got the order to evacuate and when we tried to evacuate the tenant with the help of the court(amina) he failed to evacuate.

So my advocate has told that if we get the order to "broke the door and evacuate" we will be able to do that, so finally when we tried to get the order for the same, tenant has filled the petitition stating that he need much more time.

Now the hearing is going on again which has happened on Sep 4 and again it has been adjourned to Sep 18.

I has already been 5 years now still how long will it take to evacuate the tenant and what will be the process from now on.

Anticipating for your reply.

 

Thanks,

Siva Shunmugam.



Learning

 2 Replies

SAI KIRAN R (ADVOCATE)     10 September 2013

Since residence is a basic need court will be cautious in following eviction procedure. If you have grievance against delay - instruct your advocate to file a case for mense profits and damages which shall help you to recover  the enhanced rent plus any other provable loss you have suffered.

milesmaxx (Employee)     12 September 2013

I think the safe and rapid evacuation of the affected area is the joint responsibility of the tenants in that area and the Building Management Team.

Do not evacuate unless lives are in immediate danger or unless ordered to do so by the fire department, a representative of the building, or the floor wardens. Unnecessary evacuations will only cause confusion and block stairwells.An evacuation will depend on the nature of the emergency and the type of building affected by it.


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