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Anonymous User (Designation)     09 February 2011

Eviction of Tenant (no rental agreement)

Dear Learned Experts,

We live in Hyderabad.

I've purchased an apartment in Vizag (A.P.) in 2006 in my mother's name (my mother passed away in 2008). My mother in law has been living in that apartment ever since it was purchased, without paying any rent. We don't have any rental agreement since we just let her live there for free just based on family relations/goodwill.

In addition, I've been regularly sending her money once a month for her personal maintenance, and also separate amounts for paying property taxes, etc.

However, about a year ago, we've discovered recently that she has involved in some serious moral controversy that's still under trial in a separate criminal case, due to which she spoiled her relationship with her entire family (my side as well as my wife's side, my wife and all her relatives including my MIL's own mother support us morally).

So, we asked her to vacate the apartment about 8-9 months ago. She plainly refused to vacate and when we tried to put some oral family pressure on her through my wife and our relatives on my wife's side, she filed an injunction against us in the court claiming wrongfully (and without any proof) that we sent goons to remove her forcefully (personally no one from my side of the family has even visited her casually since the moral issue, nor have we sent anyone to her) and that we can only evict her through a legal process.

The injunction case has been running for about 8 months now without any progress, and she has managed to drag the process without anything happening until now (sometimes she doesn't turn up, some other times the judge doesn't turn up, some other times her advocate asks for a postponement, etc..) To top the trouble, we live in Hyderabad (My dad is 70+ yrs old) and the case is in Vizag, so we have to depend on relatives in Vizag to represent us (causing hardship to them too).

Meanwhile, She sent a mediation message through her lawyer saying she'll think of vacating if we pay her 5lacs + legal expenses. We refused outright since we didn't agree with the reasonability or morality of that 'deal'.

We recently filed an eviction notice through our lawyer, but she sent a reply notice through her lawyer claiming that she has been paying rent to our 'agent' without even mentioning the name of that non-existent agent, and demanding that we should pay her 5 lacs for the 'mental and physical agony' that we caused, whereas she's the one causing enormous mental agony to us, both because of this unjust and ridiculous case and also because of her continued immoral behavior outside of this case..

The judicial system seems to be ridiculously advantaged towards squatters and occupiers, since once someone has occupation of your property, it's next to impossible to get them to vacate from your own place, more so if that person is ready to slap silly cases in the court and enjoy the property for free while prolonging the case - magistrate, district court, tribunals, high court, etc.. with silly and baseless/unprovable claims and employing procedural/technical cunningness..

Is there any better recourse to this situation, or some special techniques/clauses that can be employed to speed up the legal justice process, or do we just have to let this drag on 5-10 years from magistrate to district to state court, all while incurring legal costs and while she enjoys our apartment for free.. 

Thanks so much for reading and I'll really appreciate a response to this. We are only looking for a completely legal recourse.

Sincere Thanks..



 16 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2011

Dear! One thing I want to clear first before replying to your query that if your brother is deceased den her widow means your sister-in-law is duly entitled to inherit his share obtained after the death of your grand mother and thus she couldn't have been evicted from the house in dispute before you seek partition among all legal heirs of your deceased mother but now she has made a big mistake. She in reply to your legal notice has claimed herself as a tenant and this is fatal for her.

 

Now it has become very easy for you to get vacation of your house. You file an Eviction Petition before local Rent Controller seeking eviction on the ground of non-payment of rent, illegal and immoral activities in that house as personal necessity. You can claim yourself as landlord of house. A landlord can file suc petition. I suggest you to claim at least double of the monthly rent as is prevalent in the local area for the similar portion. You can claim arrers of rent fot last 36 months. 

 

Mistakes of opposite party is gain for other party. In your matter, it has now becoe an easy play for you. You have no any liability of er mental harassment etc. rather seek it from her in the given circumstances.

3 Like

Anonymous User (Designation)     09 February 2011

Dear Mr. Makkad,

Thanks so much for your quick response. 

She is my wife's mother and hence my mother-in-law.. I purchased the apartment with my own hard earned money and the property is legally registered in my deceased mother's name, and we have all the legal documents, title, etc. in our possession..

She does not have any legal heir claim chance on the property at all. We just allowed her to live there since she is a widow..

She is not claiming any ownership on the house, but she is not willing to vacate. Since she has already filed an injunction against us in the court, we are still fighting that case since 8 months now..

We recently filed a separate eviction notice in the court too, but I'm only afraid she'll drag it on for a long time and then keep appealing it in higher courts..

How does the Rent Controller fit into this context? Do we file another petition/eviction notice with the Rent controller in addition to the eviction case that our lawyer filed in the court in response to the injunction case that she filed?

Sorry, I'm completely confused.. Please help clarify..

Thanks so much!!

mayilsamy n (student)     09 February 2011

 

various grounds on which the Andhra Pradesh Buildings (Lease, Rent and Eviction ) Control Act, 1960. ... enables eviction are as follows:

1. Where the tenant has not paid the stipulated rent for more than 15 days after the rent fell due, and such non-payment is wilful.

2. Where the tenant has, without the landlord's written consent, allowed some other person to occupy the premises, either wholly or in part.

3. Where the tenant has put the building to a use other than that which the landlord had originally agreed. The term "use" must be reckoned with reference to the lease deed.

4. Where the tenant has done any act, which has materially impaired the building or its value or utility.

5. Where the tenant has used the building, or has allowed the building to be used, for illegal purposes or immoral purposes.

6. Where the tenant is making such a nuisance of himself that his continuance is objectionable either to other tenants of the same building or other persons in the neighbourhood.

7. Where the tenant has not occupied the premises in question for a period in excess of four months. (This rule does not apply in hill stations for obvious reasons.)

8. Where the tenant denies the landlord's title to the building itself, and such denial is not well founded. I only wish to add that once a tenant commences tenancy under a particular person as a landlord, the law does not allow the tenant to thereafter disown the landlord, or to assert title to the building in anyone else (save for one exception, which is not relevant here).

9. Where the landlord genuinely requires the building either for his residential or non-residential occupation, or for the residential or non-residential occupation of any member of his family. Where the landlord (or the person for whom he is seeking eviction of the premises) already owns and occupies another premises in the same town, the landlord must additionally be in a position to state and prove that the hardship that will be caused to him by not giving him the premises will outweigh the hardship caused to the tenant by throwing the tenant out of the premises. This clause is subject to a few exceptions, but these are beyond the scope of this summary.

10. Where the landlord genuinely requires the building for effecting repairs, which cannot be carried out unless the building is vacated. Please note that once the repairs are carried out, the tenant will be entitled to re-enter the premises.

11. Where the landlord genuinely requires the building for the purpose of immediately demolishing it and putting up a new building in its place. There are a few other grounds of eviction mentioned in the statute such as those involving members of the armed forces or where the government is the tenant. These again, are beyond the scope of what is an attempt to put the primary sections of the statute in a nutshell. If you, as a landlord, are able to fit your requirements for eviction into one of these categories, you will be entitled to file a petition for eviction before a court called the Rent Controller's Court.

SO YOU CAN GIVE A LEGAL NOTICE THROUGH AN ADVOCATE UNDER A.P. Buildings (Lease, Rent & Evictoion) Control Act, 1960 AND CAN GET APPROPRIATE RELIEF.

Anonymous User (Designation)     10 February 2011

Dear Mr. Mayilsamy,


Thanks so much for posting the relevant sections from the A.P. Rent Control Act.


Thanks,

Ganesh.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 February 2011

The law is in  favor of tenants , just because proper care is not taken from initial stages and hence tenants may  face problems. Following are important situations and if proper care is taken landlord or tenant can benefit from it.

1)     Tenant should pay  rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , tenants  will get protection from court by filing suit for fixation of standard rent by the tenant.

3)     If there is no lease agreement or it is not registered the harm will be more to landlord than the tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and major structural changes in premises without legal permission. Tenants by taking proper precautions can avoid these traps.

6)     Landlords seek possession for personal needs but they have to prove that landlord  will have more difficulties  than the tenant than only eviction is possible on this ground., otherwise not.

 

 The landlord can not evict any tenant by force , he must get an order from the court for eviction.

7)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help tenant to take its benefit and the landlords to avoid it.

8)     You must take assistance from  hard working and expert legal person since the beginning. Once the initial steps are lost no  body can help you. Most of the landlords and tenants just  do the reverse . They take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done .

9)     It is a myth that law and courts are in favor of landlords. Read any Judgment in favor of landlord even up to SC and you will find that the tenant lost because he / she or their advocate did not take proper steps at initial stages.

Anonymous User (Designation)     20 February 2011

Thanks for the response Mr. Shashikumar. But, I wasn't able to find any specific answers/suggestions to my case in your response. I appreciate your general response anyway, but would have more appreciated a specific response..

Thanks,

Ganesh

MRKGANDHI (Advocate)     26 November 2011

Few things are not clear. Since the property was in the name of your mother  who are legal herirs,  what is the age of the building and what is extent of your share. AP Rent control Act contain certain exemptios. Otherwise you can seek eviction by giving notice under Section of 106 of TP Act as she will be month to month tenent. No doubt our judicial process is frustrating it takes even deades. Unfortunately the legal system is more misused due to apathy of presiding officers, load of work and lack of ethics among the stake holders. Dpm't expect quick justice.

Rgs
 

m.rama rao (scientist)     26 March 2012

I own a G+1 house in Hyderabad .I entered into a sale agreement t6o sell the house. I sent personal notices to

the 3 tenants living there.two of them vacated but alawyer occupying is not vacating and filed a false case against me stating that i went to his room with some anti-social elements to forcefully vacate him.

i am 73 yrs. old and my health does not permit me to run around the4 courts.

how can the matter be expediated?

m.r.rao

Sheba (Business Development manager)     31 January 2013

 Dear Sir,

I have one query, my mother got a case filed of getting the shop vacant on bonafide need basis ( for her own boutique)... in year 2008 in civil court.

She is widow and since she  filed the above case in normal court... my tenant has raised an objection in second appeal that she should have filed the case in special court meant for widow/divorcee, and that the base of the case is wrong .....

can you please let us know if our case was wrongly filed... as the lawyer did not guide us... our case is in HIGH COURT .. can we loose the case if my tenant is proved right.. how much time wil it take in getting the judgement..

raj   06 January 2015

Dear sir,

          my father taken land in 1982 on lease and still going on. The rent of the land is 3000/- per year. Their is an agreement on plain paper(Without Stamp) that the rent is rs. 2000/- up to year 2000 and after year 2000 the rent will be 3000/- permanently. The documents like Electricity Bill, House fair by Nagar Palika, and other documents are entitled on my father name. Now the question is ????? We paid the rent by cheque but last few years we pay by cash. 

Can landlord have right to vacate us ?????

Can we claim for the ownership of the property ?????

Can landlord provide remuneration for vacate land ????

What are the legal steps that the case will go in favour of us.

 

Thanks in advance

raj   06 January 2015

Dear sir,

          my father taken land in 1982 on lease and still going on. The rent of the land is 3000/- per year. Their is an agreement on plain paper(Without Stamp) that the rent is rs. 2000/- up to year 2000 and after year 2000 the rent will be 3000/- permanently. The documents like Electricity Bill, House fair by Nagar Palika, and other documents are entitled on my father name. Now the question is ????? We paid the rent by cheque but last few years we pay by cash. 

Can landlord have right to vacate us ?????

Can we claim for the ownership of the property ?????

Can landlord provide remuneration for vacate land ????

What are the legal steps that the case will go in favour of us.

 

Thanks in advance

rajesh   10 August 2015

respected sir this is shiva  rajesh from pondicherry  i read the articles above which you ahd answered . i am happy that you wrote so much to clarify the legal methods.i thank you for on behalf of everyone .

sir i am tenant in a building doing businees from 2004 . i am paying rent of 15000 rupees.there are two more building next to me which also belongs to my landlord .  the land lord at 2012 suddenly told me he is not the landlord .suddenly due to some policitcal and henchemen pressure .  he vacted two  building next to me and handed over the building to the real land lord.he threatened to hand over the buidling to them . he refused to recieve the rent from me . saying that vacate the building . real land lorad need it . thats is the time me and my partner came to know that the building donest belong to the person whom i rented (he himself had rented the property from landlord).  actually i paid rent of 15000 rupees .he is paying to the landlord rent of 6000 rupees. so i filled a permanent injunction suit in pondciherry munsif court . i got interim injunction order extended for every hearing against the fake land lord (actually who rented from the landlord). 

1. i dont apply for permanent injunction suit along with original suit (o.s) against the real land lord because they are society . my lawyer told court will not give injunction against a big society . 2.i am dragging the case by getting many hearing in the court . 

3. mean while the real land lord filled an rcop in ponidhcerry court against my fake landlord(who rented from the real landlord).

4 fake landlord or real land lord never made any agreemnet with me . its just oral . i am in the possession of the suit proeprty . 

5.other two building rented by the fake land lord was handed over to the real land lord . without making any litigation .

6.now the problem is my fake landlord filled the counter in rcop statinghe never sub leased we are contract workers working under them with contract . we cannot clain the right of tenancy . we are illegaly in the possession .

7. in the counter of fake land lord he also stated that he cannot pay the old rent arrrears from 2012 end (from the date when i got injucntion against fake land lord he refused to recieve the rent . so i filled a rcop against fake landlord.)

8. he said there is no responsibility of the rent .since he had actually handed over the two building . regarding this building there is an injucntion against me . so i am not able to handover

 

important note ; there is no case or legal procedure or case other then rcop in pondicherry by the real land lord and the tenant (my fake  land lord)  is pending  

i never agree i am a sub tenant in any notice . actually the real tenant gave me a notice at 2014 stating who are you . i told i am renting the building from the land lord ( fake land lord )..

? please clarify me can i implead the real land lord in injunct case alond with os . which is pending from 2012  ?

? or can i file a new injucntion suit against the real land lord . 

or can i implead in rcop filled by the real land lord against tenant(fake land lord).

actually tenant( fake land lord) filled the counter seeking time for paymet of rent arrears . 

what i ahve to do now sir please clarify 

niveditha   21 September 2015

hello sir 

i am venkatarao aged 72 years retired engineer from vijayawada andhra pradesh. I have a 8 portioned (two floors) building in vijayawada . I live in one of the portions in first floor and lent remaning for rent without agreement .i dint not faced any problem for 25 years .recently i asked one of my tenant to vacate his house for personal occuaption which is in ground floor .he refused and i approached police for the help they gave him 3 months time but dint involve well. tenant laid suit against me in juniorcivil judge court and sent me a notice . 

 my dependent daughter aged 44 years wants to occupy the groundfloor portion as she operated both knees due to arthiritis..

   how can i vacate tenant in the court . what are the rules regarding tenant eviction? kindly please help me .. thank you 


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