Sridhar V Sridhar (Employee) 22 April 2022

Rental property eviction and collection of arrears of rent

I have filed a eviction suit along with demanded for recovery arrears of rent. 1 year over, no improvement except, we have finished our oral presentation, opposite side no one is attended till today. Current rent is also not paying.

In this situation, can I make any alterations to my rental premises without disturbing tenant?

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Quick Summary

This discussion addresses the challenges of evicting a tenant and recovering unpaid rent arrears after a year-long legal process with no progress. The landlord is seeking advice on whether alterations can be made to the rental property without disturbing the tenant and how to obtain an ex-parte order when the opposing party fails to appear in court. The lengthy legal procedures are causing significant financial loss and distress.

3 Replies

Advocate Bhartesh goyal (advocate) 22 April 2022

If opposite party and his counsel is not appearing in court on hearing dates then get the order of ex-parte and also prey ex-parte decision of case.

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Dr J C Vashista (Advocate) 23 April 2022

The court may pass order / judgment under order VIII Rule 10 CPC when the defendant / respondent has failed to submit written statement.

However, your query, inter alia,

"can I make any alterations to my rental premises without disturbing tenant " is not clear.

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Sridhar V Sridhar (Employee) 14 May 2022

Sir we have prayed for such order, but judge asking on whom I can issue orders, if no one from opponent is attending. Also said that follow procedure

Already 1 y over, Completion Procedure will take another 1y time. i.e, eviction order with 90days notice period and EP with 2 months notice period, etc.

Full loss of rent and no way to get my arrears of rent, he has no properties on tenants name.

Delaying justice in the of procedures with long dates.

All will lead to creation of unrest.

Thank you.