anoop (consultant) 04 July 2012

Tenant not vacating shop

Hi,

My father lives in kota (rajasthan) and has given our 2 shops on rent 3-4 years back, however without any written agreement. Tenenats are now not vacating the premises and are asking for money 5 lakhs each for vacating with mutual understanding. They have also filed a false case against us that their life is in danger and we are getting notices from court. Now it appears that what ever small saving i have would have to be handed to them. I have following questions

- Lawyer fighting our case has asked court to get the tenants produce a written proof that they are our tenants. they are unable to produce that but in each hearing court gives more time and not deciding the verdict in our favour. Why is this so? i think this is really unjustified...in such a time they can produce false evidences..and we are loosing time and money. Add to that the tension in the family

- When we ask our lawyer what if we file a case against them to vacate the property, he says that he cannot assure at all that we will win the case and mentioned that court might take 10-15 years to decide the case. It has already happened with us earlier that we filed a case and it took 7 years and we lost the case and the tenant is continuing in our third shop giving meager 3000 rs...

They both have stopped paying rents as well :(, We even took the help of local police but our bad luck that the CI of that area got trasnferred. In fact they have involved goons and political people to put pressure on us...

Can someone suggest me what can be done, this property is the only means of earning for my parents and they do not have savings to dole out 10 lakhs. I am really feeling depressed as even this is our preperty we are feeling helpless in our own country.

I understand that judicial system in india is really in a bad shape and i have no hope that we can win the case ever. Can someone still feels that courts can help us out of this mess....it feels like its stupid to work hard and live a genuine life and its better to become a goon so that no one can harass you unnecessary.

Thanks,

Anoop

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6 Replies

Sanyam Malhotra (Advocate) 04 July 2012

what case has been filed by your advocate?

anoop (consultant) 04 July 2012

Our lawyer is just replying to the notice we received from Tenants...we have not yet filed any case...

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 July 2012

Without submission of petitions, how can u blame justice. Please take advise from your lawyer for following up the case.

anoop (consultant) 04 July 2012

As i mentioned above we took advice from our lawyer and he further disappointed us by saying case can last for years and mentioned that we can loosing the case even after spending years.

Also as tenants are earning good amounts from shops they can always pay the person who puts the dates for next hearing to delay the hearings..and we would be worse off...

As i mentioned that earlier we lost one case against a tenant and court fixed a meagre rent of 3000 and he is now more powerful and demanding bigger amount...we are now no more even thinking of asking him to vacate and now we worry that if we file a petition against the other 2 guys we will lost our complete property and are worried that court would fix some minimum rent and we will never get our property back...

Sanyam Malhotra (Advocate) 05 July 2012

first determine your intention eviction or to give premises on rent. court would fix fair rent after considering prevailing market rental in the locality where your property is situated. it cannot be arbitrary or exhorbitant. there is no option but to move the court. engage a local lawyer

(Guest)

Dear Anoop,

Your Lawyer while requesting the court directing the tenants to produce the documents in regard to tenancy forgot that if the tenants could not produce the same, the burden will lie on you, if the tenants say that they are not in possession of the same and the original was not handed over to them by your father being land lord.

Further, what is the nature of case that has been instituted by the tenants as against your father is necessary to be seen. What is their pleadings and what relief the tenants are claiming before the court. Pls clarify this.

As of now, from the query it could be seen and read between the lines that the tenants being in arrears of rent, no suit has been instituted by your father through your lawyer for recovery of the same from your tenants neither any suit is filed for fair rent (if you wish them to continue as tenants, depending on the rent prevailing in neighboring locality), nor a suit for eviction has been filed.

For negligence of Lawyer, pls don’t blame and say anything for the Judicial system. It depends on us how fast we proceed and how much efforts we take to resolve the issue before the court. If steps are taken on time on the date fixed, the suits can be disposed in a year’s span and even less time. This is my personal experience.

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