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Sandeep Shukla (Teacher)     13 March 2014

Eviction law

I live in an ancestral house with some of my cousins who are also shareholders. I also have a tenant in this building who is creating lots of problems for me and I want to evict this tenant. Now one of the cousins is hands-in-glove with this tenant. The goal of this cousin is to disturb and deprive me so much so that I will agree to his proposals to promote the premises. The interest of this tenant is that if this can be brought about then he might be able to get a free apartment.

So, I want to start an eviction suit against this tenant and possibly include this cousin as well in the suit as another defendant for abetment/collusion etc. Now my question is will there be a problem such as MISJOINDER OF PARTIES or any other problems?

If answer is "NO" then what kind of relief can be sought? If answer is "Yes" then what other ways are there to restrain this cousin?

Thank you for reading and your feedback is extremely appreciated.


 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 March 2014

Instead of eviction suit, file a partition suit. Since ancestrol property is belong to all share holders. Eviction suit has to file by all share holders.

1 Like

rajesh tamil (technical)     14 March 2014

Dear Sir,
      A tenant who's staying in my house for past 43 months. didn't paid rent for past 37 months. RCOP filed in coimbatore court Tamilnadu state. in 11(4) section there is rent payment order for 2 times, 2 times court gave exparty. till there is no answer.he's asking further time in court. we're paying  water & electricity bill for his usage. is it allowed to cut the water & electricity?
    Other portions are vacant in the home & we're ready to demolish the building. The building is more than 50 years old.  can get conditional order from Madras Hi - court. for paying rent & eviction.


Pritam Gupta (Teacher)     14 March 2014

How is it possible to add eviction suit in partition suit?

Sandeep Shukla (Teacher)     14 March 2014

Sir, tenant lives in our portion. My father had done a Family Settlement (though unregistered) with his siblings wherein our portion was earmarked. Also we have the largest portion in the premises as per this Family Settlement. Also there is mention of renting out in the Family Settlement. According to one legal opinion I was told that this Family Settlement can be used to say that one partition has already taken place making us the unofficial owner of tenant's portion.

Also some other cousins who had got less in the Family Settlement, has started a partition suit but there is no provision for tenant eviction in those suits. Anyway the partition suits will take ages but my goal is to remove this tenant as quickly as possible.

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