Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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N Srikanth   20 June 2021

Eviction notice & suit

I gave my house for rent in Andhra Pradesh for 11 months and later renewed for 6 more months by fresh Rental Agreement. I clearly told the Tenant that I need house for self occupation before renewing for 6 months. Now after expiry of 6 months agreement he is refusing to vacate. I desperately need to shift to my house for self use purpose. I have following questions:

1) Can i issue eviction notice and file eviction suit in court. I already sent a notice letter by myself but there is no response from Tenant.

2) Can I claim all expenses like court fee and lawyer fees from Tenant?

3) As tenant has violated the agreement can I claim damages from him?

4) Tenant has regularly paid rent, now can he claim ownership on property?

I am very tensed. Please reply.



Learning

 13 Replies

Shubham Bhardwaj (Advocate)     20 June 2021

Dear Mr Srikanth, 

The answer to your queries are as follows:-

1. Yes you can send eviction notice and file eviction proceedings before the rent controller of your area. The jurisdiction of rent controller generally lies with Judicial magistrate First class or metropolitan magistrate. But this may differ among jurisdictions. Keep the copy of notice and postal receipt. Further download the tracking report once the notice is delivered. 

2. Yes you may claim expenses for litigation etc. Although the courts are not generous in granting such expenses. The fees of your lawyer would be way more than what the court will grant you. 

3. No you cannot claim any damages. Although you may claim repair cost of the property if you are able to prove that the tenant has damages the property beyond reasonable wear and tear. 

4.No he cannot claim ownership in the property. The ownership can be claimed only if some has adverse possession on our property that too for 12 years. 

 

Regards

Shubham Bhardwaj

District & Sessions Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh

 

Disclaimer:- The above opinion is only for guidance. 

1 Like

N Srikanth   21 June 2021

Thank you sir.

G.L.N. Prasad (Retired employee.)     21 June 2021

Please inform version of the tenant, and avoid the litigation process at any cost.  Wait for one or two months instead of involving yourself in unnecessary complications.

N Srikanth   21 June 2021

Sir: 11 month agreement already expired. He has been asking 3 months extension giving lame excuses like own house not yet ready, aunt died. He is also not answering my calls and not replying to my WhatsApp messages. I am tensed and worried. I am staying in Chennai. And my property is in Andhra Pradesh. He is taking advantage of my situation. I need to protect my interests and rights. Please advice me what to do in this situation? Kindly Reply.

G.L.N. Prasad (Retired employee.)     21 June 2021

Send someone as a friend or relative to bring pressures (?) as Hyderabad is most famous for such samaritan bhais and friendly police (?)and if the excuse of tenant is real, you may ask him to compensate your loss as you have made prior arrangement.   Get everything in writing.

N Srikanth   21 June 2021

Property is in a town near Kadapa. Not in Hyderabad sir.

G.L.N. Prasad (Retired employee.)     21 June 2021

This process is most famous in Kadapa.  Contact a friend or relative.  Plan for a visit to personally contact the tenant as a formality, as the lockdown was partially lifted in AP.  You may be having several friends and relatives and they will certainly extend a helping hand to you.

N Srikanth   21 June 2021

Okay sir. I was told by my friend that issuing a legal notice makes him to think as he has to approach advocate for replying to notice and also need to appoint advocate if it goes for litigation. He also need to spend lot of money for all this. Please advice me on this sir.

G.L.N. Prasad (Retired employee.)     21 June 2021

My sincere advice is that you should not complicate or precipitate a simple issue, as you have to reside in the same notorious town.  As far as possible, settle the issues amicably and maintain patience at all costs.  Consider the other party's version also and be liberal if such a situation permits and if there is no large inconvenience to you.  Explain your necessity and always take a friend that can cooly convince the tenant..  

P. Venu (Advocate)     21 June 2021

It is highly disappointing that Mr. Prasad is suggesting "This process is most famous in Kadapa." and again "My sincere advice is that you should not complicate or precipitate a simple issue, as you have to reside in the same notorious town"

Is not the suggestion a further complication and much below the stature of Mr. GLN Prasad whose contribution to this Platform has been unparalleled?

N Srikanth   21 June 2021

What are your inputs Venu sir?

G.L.N. Prasad (Retired employee.)     21 June 2021

@ P. Venu:  Sir, There are groups, panchayats, and their involvement is more in these settlements,. Please read my suggestion in total without isolating and quoting sentences. "As far as possible, settle the issues amicably and maintain patience at all costs.  Consider the other party's version also and be liberal if such a situation permits and if there is no large inconvenience to you.  Explain your necessity and always take a friend that can cooly convince the tenant..  
 

T. Kalaiselvan, Advocate (Advocate)     23 June 2021

1. If you have already served a notice instructing him to vacate the premises  and to deliver vacant possession, then you may file a suit for eviction on the basis of the notice, if he is not complying with the instructions of the legal notice.

 

2.   You can pray for the costs too.

3. Even if the tenant violated the terms of agreement, you cannot claim damages from him on this count.

4. The tenant cannot claim ownership of the property for whatever reason 


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