Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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anand (Asst manager)     10 October 2012

Eviction process for rcop

Dear Lawyers,

I own a residential property in Tamilnadu Nellai district; It was rented for 11 months to two tenants to run a commercial business (Supermarket and Gym) in 2006. Since that am regularly paying the property tax for commercial use.

Due to my family expansion and personal needs, I had a one to one talk in early 2009 and both parties agreed to go for last 6 month agreement with tenancy expiry in Oct 2009.

Meanwhile I had a building plan approval and necessary construction preparation in late 2009, however both tenant started to show their true intention and lodged a RCOP in sub court.

Since that court hearing was adjourned few months and years. Finally the both tenants did not appear for court trail and got the RCOP exparty judgment favor of me in Oct 2011.(Judgment stated 2 months notice to evict due to nonpayment of rent for 18 months)

Meanwhile my lawyer started the Eviction process (EP) in Dec 2011 and it is in progress for past 10 months (mostly due to no judge in lower court or posted judge is in long leave or temporarily posted judge is not at all issuing any EP orders).

Meanwhile both tenants had a heavy loss in their business in Jan 2012 and both started to sublease the building to a local big-Wig (religious guy) for a heavy amount to start a high quality restaurant.   

New sub leas persons (about 4 of them) started a major renovation and re modification works with local police support, in view of that my lawyer managed to get a court injunction order to prevent any modification , sub-lease, change of business. However sub leases are not bothered and even started a big scale restaurant without any valid license from Municipality/commissioner/ relevant health authority approval.

To avoid any further delay to EP process, my lawyer lodged a new condemn of court writ in sub court and soughted Civil imprisonment for tenants and also the court order to close and auction the assets in  restaurant.

Also shared the court injunction and formal complaint to municipality commissioner and health officials about illegal restaurant without license. They closed the restaurant for few days. However now they Opened even in bigger scale with local TV and paper advertisements.

Unfortunately the newly appointed judge is on month plus long leave and return to court on early Dec. Now everything is stuck in subordinate court. As a land lard I can’t even step into my building, Sub lease always with Kundas and even chased me out of my building and shouted me to settle with my original tenants.

Other end both of my evil tenants are demanding sizable amount (more than building value), if not they threatening to prolong the civil case for next 20 to 30 years.

Since am a NRI, very much rely on my old parents and power agent to handle the civil court and helpless to move on.

My case still in sub-court, I was told there are 3 more courts prior to table in High Court and am losing confident . Kindly share your guidance and right steps  to expedite the legal proceedings.

Sincerely

Helpless NRI



Learning

 2 Replies

Bobby Mani T (Lawyer)     12 October 2012

Your Lawyer is doing everything he can. Put confidence in him and surely there is delay in the procedure you should bear with it.  In India the dispensation of justice is very slow.  That is the pathetic stage of our legal system.

anand (Asst manager)     16 October 2012

Thank for your suggestion sir,

Last week my lawyer managed to collect EP order for one tenant, caveat also lodged in several next level courts to block the evil tenants next move. In view of judge's absence understand that eveil tenant tried to appeal in a near by subordinate court, which is 25 KM away from my home town,,

My lawyer also managed to block the evil's action up to some extend, however his counter is aggreed to table in near by court,..Seems to be there are many loop holes and not easy to get out of evil,..

 

Many thanks for all your views


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