Upgrad LLM

eviction of tenant


Hi,

I am vinayak and I am 29yrs old. My dad is 70 and my mom is 65. We are bramins.We have a property in bangalore for rent. Recently a family came. They told us that they were bramins and we gave them for rent. Later we came to know that he is from SC/St. He is also a president of some some dalit sangh(not a big sangh though).

 When my brother and I were not there in home, he came and told my father to give the aggrement and he would make payment in a week. My dad signed and gave him the photocopy of aggrement(my dad has signed even on the photocopy as well). In that aggrement we have written that  we have recieved the advance payment(2lak). Its been almost 20 days and he is not giving the amount. He is pushing further and taking time to give money. Now i am pretty sure that he will not give advance and rent every month. Is there a way to deal this situation and evict him. he is SC/ST. I am scared that he might put attrocity case on me. How long will the process take. I know that i will have to give him 2 lak as per agreement, or is there a way to save that.

 
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Lawyer in Hyderabad.wats app no.9989324294

file a suit for null and void the agreement. It means  null and void, =    without legal force or effect; not valid:

This contract is null and void. send a legal notice for eviction of your premises and null and void of the agreement through a lawyer.
 
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Advocate

File a suit to rescind the Contact. The rent agreement if not registered has no legal effect. Under such cases you first approach the local police station where you file suit for undue influence under IPC which will give edge over your case and thereafter argue the matter in court for evacuating the tenants. If within 4 months they do not evacuate the execute the order or decree against the tenants. You can only get your property after that. Do not let the Court know that on believing he was a Brahmin you offered him the property. The Court might take religious stand. Instead move the Court on the basis of the provisions of Banglore rent act.

Do  not take any chq from him or else it will allow him to take the stand of payment by the tenent to the land lord instead submit to the Court for eveistion for unpaid rent. 

 
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Thanks ramachary and utsav ghosh...the info was very helpful. he has a photocopy of the aggrement. my dad has signed on that xerox copy as well..i think he might have got a notary of that.. Can he put a fake atrosity case on me?? in that case, what shld i do?
 
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