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Hiralal Chawla (Marketing Manager)     09 February 2023

Eviction suit

I am 72 years old years old and have ownership of commercial property in the joint name of myself and my wife in Andheri, Mumbai. I gave this property on 33 months rent. Due to my wife suffering from many illnesses I made the agreement by myself without my wife. It was standard agreement made online.While making agreement I included in terms and conditions that if the tenant doesn't pay the rent then after giving one months notice, he will have to vacate the premises. From November onwards the tenant stopped giving rent under the pretext that the business is not good. I gave notice in December and full and final notice in January 2023 to pay the outstanding rent and vacate the premises. The tenant is just sending WhatsApp messages that he will positively pay in next month. But till today he has not paid any rent so far. My lawyer wrote a letter to the concerned police station on my behalf and I submitted the letter to the police station. My lawyer says that it is a case of trespassing of property. In stead of filing eviction suit which is time and money consuming, the case under section 441 will serve the purpose and the police will force him to vacate the premises. So far the police have not taken any action. Please tell me what should be done. 


 6 Replies

Real Soul.... (LEGAL)     09 February 2023

That is not any trespass since you have an agreement and also you have been receiving rent, it is a civil matter where police cannot forcibly evict the tenant. You should file an eviction suit on the grounds of default by tenant for not paying the rent   without wasting time, police has nothing to do in this case unless directed by court.

Hiralal Chawla (Marketing Manager)     09 February 2023

I have not been receiving rent from last three months and the agreement is very clear that if the tenant defaults in paying rent then I can send him legal notice to vacate the premises.  So I sent him legal notice by giving him 30 days time  to clear the rent arrears and vacate the premises. The tenant neither paid the rent nor vacated the premises. Does it not means trespassing? 


Shashi Dhara   09 February 2023

Approach civil court for eviction and for recovery of arrears of rent.

Hiralal Chawla (Marketing Manager)     09 February 2023

How much are 1) eviction suit filing charges. 

2) Court fees

3) lawyers hearing charges. 

4) Any other expenses. 

Real Soul.... (LEGAL)     09 February 2023

Just consult some local advocate who can guide you for expenses, it is really just nominal and affordable not much  for filing  but you need to negotiate with  advocate for his charges.

Better to settle for payments  on each hearing and keep a proper record of complete and updated  file with yourself so that anytime you want to change the advocate you will have no trouble to get documents.


Hiralal Chawla (Marketing Manager)     09 February 2023

After filing case and sending summon, how much time it takes to dispose of the case. Is it takes many years? 


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