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DCB   21 July 2017

Licensee not vacating the flat, after expiry of agreement

   I am in a tremendous problem, which has taken away our sleep at night. Step by step  Incidents are as belows -
 
 
          1)   June 2016 - We had given our 2BHK flat on Leave and License basis for 11 months which expired on 30th April 2017.
 
 
          2)   We asked them to sign new agreememnt, but with many excuse, they dint.
 
 
          3)   We served them Lawyer's notice to vacate the house, but they gone to Police station.
 
 
          4)   Police asked us to give them some time, so that they can find a new flat,  Licensee asked for 6 months, but we said, we can give 3 months. Discussion dismissed.
 
 
          5)   July 20th. they verbally told us, they are not leaving the house, and we better do not try to disturb them, they have big hold in upper level, etc.
 
 
          6)   We made GDR in police station, police told us to go to Civil court. We have given complain to police commissioner office for inaction of local police. No further progress.
 
 
 
          7)  License fee for June and July is unpaid by the licensee.
 
 
 
                            if we go to Civil court, it will take years.  If you can give us any light of hope. My father is 76 years old and heart patient, getting sicker day by day.


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 7 Replies

Arjun Kohli   21 July 2017

File an FIR based on Criminal Trespass and Illegal occupation of your house, in my opinion.

Meanwhile, you will have to approach the Civil Courts for relief in this case.

1 Like

DCB   21 July 2017

Thank you Mr. Kohli for your advice.  We filed a FIR, but police is still silent. we also made a complain against local police station to the commissioner of police, till now result is zero. Finaly we have to approace to the Civil court.

Siddharth Srivastava (Advocate)     21 July 2017

You have no option but to file suit for possession along with damages wherein you file interim application seekinbg stay against licensee not to further trnasfer the property to any third party. Since you are of 76 years hence you are a senior citizen so you can file necessary application pointing out this fact and the court shall give short dates and shall dispose the case at earliest. Since it is a civil case so you are not required to go to court on every date. You can also appoint your special attorney for conducting the case on your behalf.

1 Like

DCB   21 July 2017

Thank you Mr. Srivastav. your advice is a great help for us. your advice for speeding up the dates  will have a great impact in our case. Thanks a lot

Kumar Doab (FIN)     21 July 2017

Subsequent to the advises in the thread Approach a very able locla senior counsel of unshkable repute and integrity specialzing in civil matters at your location...

1 Like

Arjun Kohli   25 July 2017

Look at the practical aspects and follow the appropriate course of action as you have been well advised on the thread,

tradesinc (owner)     27 October 2017

under indian legal laws the tenant is fully protected and there is 0 protection for the landlord even a proof of letter received is enought for the tenant to put a police complaint against the landlord !!!! 11 months lease deed never expires if under urban its automatic renewal please put only a 3 month lease deed and make sure you collect the old original lease deed lease only to corporates u can fight a legal battle for many years in courts but with a single page the tenant can setaside any orders that is Indian law i learnt all this the hardest way sitting on court benches for a decade the orders arent still passed i never understand the meaning of ache din the common mans last resort is the indian judiciary which is archais obsolete they never pass orders only read numbers for many cases and set fresh dates this is for all the hapless landlords with kind regards please move with caution when it comes to tenants ... https://drive.google.com/open?id=0B--Jc2ljka1oMzM5M0hRcElZTzQ https://drive.google.com/open?id=0B--Jc2ljka1oM3lYTFNqNmo4Smc

Read more at: https://www.lawyersclubindia.com/forum/Need-advice-tenant-not-ready-to-vacate-at-lease-expiry--152484.asp

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