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Dr Apoorva Chandra   28 April 2016

Eviction of tenant

I am staying at my deceased parent's Independent property in Ghaziabad.19 Years back my mother rented a small portion of our house (2 rooms,kitchen,toilet,roof top) to this tenant.Later my parents shifted to Lucknow.This tenant after sometime moved out from the rented portion and his relatives moved in without taking any permission from my Parents.After some more years my Father passed  away and again the earlier tenant's so called relatives moved out and their cousins moved in.This time the Man of the House of the said tenants was my elders Sisters old friend.My mother couldn't do much about it as she was helpless as they were black mailing her to publicize my Sister's so called "proofs of friendship" with the tenant in the past as my sister was well settled and happily married to a banker now.In 2009 my Mother also fell ill and passed away.I was then residing in Hostel to complete my MBBS.In 2010 I requested them to vacate the house .They kept ignoring my words and finally backstabbed me with a legal notice.I hadn't yet completed my studies by then so couldn't do anything about the case.In that legal document they requested for some time and stay order was passed by the court in absence of my revert .and the case was closed on this decision that i would not ever be able to get the house vacated without going legally(as they are aware that legal cases last very long and till then they can enjoy the property for free)Now after 5 years have passed,I requested them again to vacate the house as the house is in very poor condition and is to be renovated and to be further used by me and by my wife.We have planned to put up a clinic here as I am a doctor and the house is on the main road..I filed for a legal case as they were not giving me any rent and even blackmailed my sister with all the letters and cards that they had with them.I have filed a  case against non payment of rent after which they have locked the portion where they are staying on rent and also I have received a return reply from their advocate which says that "I am in no need of the house."So they will not vacate it and they r ready to fight against the case legally although  the Man of the house is an unemployed person with a huge physique.Also in the re vert their advocate has mentioned that I will have to bear charges for my tenant's advocate as well..How is this possible??..We do not feel secure in our own home as their relatives keep visiting the house even at midnight hours.There are a lot of other safety and security issues.Please  advice the best possible options to get the house vacated as early as possible.Please advice me how much time is it going to take and what all possible judgments can be made at the court so that I can proceed accordingly....



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 1 Replies

saravanan s (legal advisor)     28 April 2016

First you need to vacate the stay.you can file criminal case against the persons blackmailing your sister.

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