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BALAJI   26 December 2016

Eviction of the tenant

I own an independent house in Madurai in Tamilnadu and have let it out. The tenant has defaulted in paying rent for a year and has not vacated even after i instructed her many times. I have got Ex Parte order in IA petition filed against her proving her as willful defaulter in the Additional Munisif District Court, Madurai. But the tenant has filed a reopen petition to reopen the exparte order on the flimsy ground that the lawyer didnt follow the case and he dates proper which has been returned by the court. The judge has told my lawyer to arrange for taking evidence from me in Box before the judge so that the case can be expedited fast, but my lawyer says it cant be done once the opponent files petition for reopening,I am going to file the counter for the reopen petition on the ground of resjudicata praying for its rejection and imposig a condition that all the arrears of rent till date if at all it is to be allowed. My lawyer suggests that we should file EP and Attachment petition before filing the counter for the reopen petition so that the case can be expedited soon and the tenant can be evicted soon stating that otherwise it will be delayed deliberately by the tenant dragging the case. Kindly advise


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