Murali (Retired) 15 November 2010

Tenant filed a Civil Suit. What are the options

Hi All,

Iam a retired person and 65 years old. I own a two bedroom house in chennai. Last Year, i rented one of my bedrooms to a Tailor Shop. I had a written agreement of 1 year (though the agreement was not registered in the court). Beginning of this year i gave him the notice to vacate the premise. The reason was that i need that rented bedroom because my son and his wife wanted to come over to my house and stay with us together.

The tenant filed a lawsuit by stating several charges including myself trying to threaten him with rowdies. In the month of October 2010, the Court took this hearing and dismissed all the charges. The final judgement on the suit will be on next year.

Now my question is

1) Whether the Case will keep prolonging for years together. The Tenant is asking 2 lakhs to vacate the premise. Should i need to wait on the Judicial System or pay him the required money so that i can remain peaceful.

2) What are the chances of the Case going in favour of the Tenant. Like, can he ask Court for more time.

3) Are there any legal points in the state of TamilNadu (in particular Chennai) that allows the Retired Senior Citizen like myself to have quick judgement of the case (like showing iam unhealthy and need quick turn around).

All these questions revolve around the estimated time for completion of the case. Since iam retired senior citizen i don't want the case to continue for life-long.

Thanks & Regards

Murali

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4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 16 November 2010

You can file an application for eviction of the tenant on the4 ground that additional accommodation is needed for you

Dalip Kumar Chhabra (Advocate) 16 November 2010

respected Mr. Murli

There is no need to be affraid of the suit filed by the tenant. Taking recourse of Judgment passed by Supreme Court of India in Satyawati's case, you should file eviction suit against the tenant. Find out in the applicable Rent law there would be some special provisions for people like you to get the premises vacated , if any, file eviction proceedings under those special provisions of the Relevant Rent Act of State or take recourse of the aforesaid Judgment and get your premises vacated.

Your version , though not specific , but I am sure in the suit filed by your tenant, the tenant must have admitted following:

a/ Relationship of landlord and tenant

b/ rate of rent, period of first tenancy and expiry thereof by expiry of your rent agreement (which though is not registered, rather would be of great help for you regarding relationship of tenant -landlord; rateof rent; period of tenancy and the expiry of tenancy period by efflux of time)

These would be very helpful for you. Get certified copies of the aforesaid suit (entire pleadings) , orders passed therein and your defence) and file the same in eviction suit against the tenant.

Be sure that you would get an eviction order shortly.

Thanks.

Dalip Kr. Chhabra, Advocate, Delhi.

9811131089

(Guest)

Both are correct. In addition regarding the court procedure your case is a senior citizen case. So that your case will be taken on priority basis. You can get remedy quickly.