Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Annaapurnaclassic (housewife)     05 September 2013

Eviction of a tenant

Hi All,

Need your suggestion for the below problem.

My husband gave our house for rent around 9 years back in hyderabad. He did not make any rental agreement at that time. The tenant stayed with his family(Wife, Son and 2 daughters) for around 6 years. After 6 years, due to some family problems he started living separately and as per my information they did not get separated legally. His 2 daughters are married and one of his daughter is living near to my house.

In 2011 we made a rental agreement with his wife for 11 months and then renewed the agreement for 11 more months in 2012. The renewed agreement was expired in March 2013.

In Oct 2012, we planned to sell the house and intimated the same to his wife. We gave the first option to them to buy the house and they said they could not buy it due to financial problems. We said we will keep it for sale and if any deal is finalized then we will request the buyer to allow the tenant till the contract expiry and she accepted for it

We were to able to finalize the deal with one buyer and on contacting her, she said she could vacate the house in May 2013 because her daughters son is going to a near by school and she have to look after him. We agreed for it along with the buyer and waited till May. 

But in May, she said she could not find any house nearby for rent and she could not give any proper date by when she can vacate till now

We sent multiple written letters in register post saying we do not want to extend the agreement further but all of them were returned to us saying "unclaimed"

Please give me your suggestions on how to solve this problem

 

Thanks

Sri Pavani

 



Learning

 4 Replies

Advocate Rohit (Advocate)     05 September 2013

This is something serious. if they are not accepting your letter, you need to engage a lawyer & serve a legal notice, thereafter you need to file the eviction suit at the district court and ask for possession of the property. also you need to levy penalty on monthly basis upon them for illegally occupying the premises. You need to ask the court for restraining them from creating any third party rights in the property.

 

Regards

Advocate Rohit Dalmia

9324538481

Bobby Mani T (Lawyer)     05 September 2013

you should at the earliest take legal steps to vacate the tenant.  

Annaapurnaclassic (housewife)     05 September 2013

Hello Rohit

    Thanks for your suggestion.

   Can you please explain me what do you mean by third party rights?

 Thanks

SriPavani

Advocate Ravinder (Advocate/Attorney)     09 September 2013

I completely agree with Rohit Advocate.  But before that you have not revealed what is the rent value.  Depending upon the rent value, the court will differ.  Whether the case to be filed under Rent Control Act or T.P.Act. will be decided upon the rent value.  

 

Apart from that you have blindly believed the tenant and had given ample time to her.  If you had filed the eviction case then only, by this time there would be some sort of settlement or progress of case.  

 

Third party rights means, the tenant can in turn sell the lease hold rights to third party.  That mean the purchaser of lease hold rights can enter into your premises with the permission of the present tenant and the present tenant will leave the property.  So, by taking the court order, we can prevent this mischief. 


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