AFZAL (SERVICE) 05 May 2008

Nuisance by tenant , unpaid rent and eviction

We have a far off relative staying as tenant since 1996 in ground floor of our two storied house at Jaipur, the first floor is under locked as we stay at Bangalore & visits once in ayear for 2 months . In 2006 after 3 years of due of rent when we ask for rent payment , he started nuisance against us and filed a complaint of harasment at local police station ,in turn we filed a case of nuisance at police and also of eviction & one more for recovery of rent.

In the case evcition he has replied back that he has paid Rs 2.5 lakhs in cash without any evidence for the purchase of the house & in return we filed a case of cheating against him for trying usurp the property . The police has sent a final report that the no evidence exist of payment. Should we file a protest petition or what can be the best alternative?
The notice for recovery rent could not be sent to the tenent as he is not accepting the same. Please advise me whether there is other mode of sending the notice as it is two years of filing the case. My lawyer is also not giving us a clear cut reply nor taking any responsibilty and at times misleading us . What is the remedy in such a situation?

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6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 05 May 2008

IT SEEMS THAT YOU HAVE NOT CONTACED ANY ADVOCATE AND DEALING WITH THE MATTER YOURSELF.
UNDER THE RELVANT RENT ACT OF YOUR STATE YOU CAN FILE CIVIL APPLICATION FOR EVICTION AND AT THE SAME TIME DEMAND OLD RENT DUES WITH PERMISSIBLE INTEREST, THE TANENT WILL NOT BE ALLOWED TO PUT UP DEFENSE TILL HE PAYS THE DUES.
REGARDING THE SERVICE OF SUMMONS IS VERY SIMPLE MATTER. YOU HAVE MANY ALTERNATIVES. ONE GET A AUTHORISED COPY FROM THE COURT AND SEND IT BY REGD POST AND GO WITH THE POSTAMAN FOR DELEVERY. IF THE POSTMAN SEND REMARK THAT THE DELEVERY IS REFUSED THE COURT WILL TREAT AS DULLY SERVED. ALTERNATIVELY YOU CAN SEEK ORDERS OF THE COURT FOR PASTING THE COURT NOTICE ON THE LAST KNOWN ADDRESS ALONGWITH A PUBLIC NOTICE IN LOCAL NEWSPAPER.THIS WILL BE SUBSTITUED SERVICE AND THE TANENT DOES NOT APPEAR IN THE COURT YOU WILL GET EXPARTEE DECREE FOR EVICATION.

Sujit K Singh (Advocate) 05 May 2008

I fully agree by the advice given by our senior collegue Sh. Shashikumarji. Additionally, if you have retained a lawyer and you feel he is not giving sufficient attention or advice, you may be having other relatives in jaipur who may get another lawyer and also follow up the developments. You may feel solace in the fact fact that in these kind of civil disputes, non-service of summons is a common phenomenon. You can also ask the court for dasti service through process server of the court.

Ajay kumar singh (Advocate) 05 May 2008

proceeding with the eviction suit is the best option for you. You should pray the court to get the notice published in some local newspaper. After such publication the it will be treated that summons has beem served upon the tenant.your victory in the suit is sure. Please do not get involved in unnecessary criminal cases.

Guest (n/a) 07 May 2008

if they havnt accept the notice or summons through court you have a option to pray for munadi by court than if notice again not served than apply for issue of warrant against them . i think you have filled a rent petition for eviction of tenant on the basis of non payment of rent. can you tell me at what stage ur case is now. whether notice is yet to be served from two long years? it means your advocate is corrupt . i think so .

AFZAL (SERVICE) 29 May 2008

Hi Manoj, Thanks for the reply . There are two cases one for eviction & other for rent recovery. In case of eviction we have testify in april 2008 and need to give witness in July 2008. I am worried about the suit concerning rent recovery the notice could not be serve since 2006. Kindly advise my contact no is 919740090870 or afzallodhi@gmail.com. The lawyer gives lame excuses to our query.