Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Seenivasan (Property Owner)     09 December 2010

Tenant asking money to vacate

Dear Sirs,

I am NRI living in Thailand. I have rented out a shop to a tenant in Bangalore. His contract for 11 months is expired last month. But already he had 2 more such contracts, he rened for 3 years toally with 11 months X 3 times. I don't like to extend my contract to him since he is not performing well, since i would like have my own business in the premises. But the tenant is refused to vacate though he signed the 11 month agreement with me. He says if he would like to vactate he is asking 2 lakhs as compensation from me. He is also threating that he will never vacate if dont give him this money. I want to also charge for the damages he made in the floor. His agreement is ended by Oct, 2010.


Please give me help how i can proceed from here.


If any lawers living around Bennerghatta area can contact me, so that i can proceed with them.

 

Most important question is, incase if i have to file a case, how much time it will take for evection of this present tenant ? If too long then it is injustice to me, because he is staying after the agreement is completed.

How to sue this type of illegal people legaly, becuase in India though we have rules, contract never obeyed by the tenants ? I am really fraturated by the behavier of tenant.

Thanks and regards,

Seenivasan.



Learning

 32 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 December 2010

Landlords seeking eviction has to be most careful since the law is in favour of tenants.

Better try to solve the issue among yourselves.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     09 December 2010

Before filing the suit you have to issue notice to the tenent terminating his tenency.  Karnatka Rent act to be followed so contact me by fone.

1 Like

raj kumar ji (LAW STUDENT )     09 December 2010

i agree with rajoo sir

raj kumar ji (LAW STUDENT )     09 December 2010

this is not right that the law is in the favour of tenant always .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 December 2010

Law in books and in actual practice are not same.

girishankar (manager)     09 December 2010

SACHIN AGARWAL (ADVOCATE)     09 December 2010

The advice of Mr. Shashi Kumar is practical.

Seenivasan (Property Owner)     10 December 2010

Sirs, thanks to those who have replied and given me valuable suggestions. I even called Mr Rajoo sir for his advice and spoke with me kindly towards this issue. He asked more details about carpet area of the shop etc. I will come out with more details.

Let me know the below is the last for Karnataka Rental act ?

https://dpal.kar.nic.in/.%5C34%20of%202001%20%28E%29.pdf

I would like to know what if i serve a lawer notice to the tenant and later decide to fight in court later or not ? Aleast i will have an evidence that i have given him some notice to vacate.


Shall i tell him written that i can give 6 more months or 1 year time for rental but to vacate, but he should give me in written that he would be vacating with in the time i have given ? With our fruther rental agreement, shall i get in written about his vacating date will help me to fight legally or not ?

Incase If he gives me in written that he is vacting so and so date and if he does not vacate, will the law favourable to me ?

I want a reply from any advocates who have handled such cases and what i should do to make it legally liable to my agreement ?

I am wondering is there any respect of law in the society that if we make a an agreement for 11 months and if the owner does not like the performance of the tenant, can he ask him to vacate ?

I would like to know that, in the future if i make an agreement with another tenant, should i get in writing while signing the contract itself that, he should be vacating the premises on so and so date, he cannot claim any right to stay after that period. Something like that will work ? Because when read the law, it clearly says if a tenant given in writing for vacating certain date, if he failed to do so, he is liable.

I also need some advice from legal experts for example if i am giving property for rent, they are limited to three years only and at any cost cannot not more that, and claim any rights to stay in our property.

I do understand that fighting in court may be time consuming and waste of time and money. But tenants should not use this as their advantage and try to exploit the innocent owners. What is the way to prevent this kind of situation ?

Thanks to all who already have replied to this topic.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 December 2010

Intruders like rajkumar and other doubting thomes please read any SC judgement of tenant eviction , it has gone in favour of landlord only when the tenant and his advocate made mistakes in pleadings and not as per law.

Very recent case of eviction of tenant of WB by SC posted on this site elsewhere because the tenant did not deny in his pleading the avement of the landlord and hence it amounts to admission so decree was passed.

I say any I repeat any tenant can not evicted if care is taken from day one any where in India.

We are fighting a case where final decree of evication against the tenant was confrimed by SC still since more than last TEN YEARS WE ARE OPPOSING IT SUCESSFULLY ON OBJECTIONS TO EXECUTION IN LOCAL COURTS.

Seenivasan (Property Owner)     10 December 2010

Shashikumar Sir,

Incase If he gives me in written that he is vacting so and so date and if he does not vacate, will the law favourable to me or not ?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 December 2010

In such matters amicable solution with the tenant will always be best solution.

raj kumar ji (LAW STUDENT )     10 December 2010

RESPECTED SHASHI SIR ,

                                         U SAYS LAW IN BOOK IS OTHER THING THEN PRACTICAL .  I AGREE WITH U

                                                                                                                                                            THANKING FOR THIS

C Ramasami (B.Sc.,M.A.,B.L.)     10 December 2010

Sir, Right related to the property in the possession of tenant is to be dealt by the rent control act only and that too the property status is being considered.  If the property situates in the municipal limit and an individual one except the rent control act no other acts are all to be dealt by anybody also.  Related to the delay in the judicial process activity that is to be dealt by way of filing writ before the HIGH COURET  TO DEAL THE MATTER ON THE BASIS OF SENIOR CITIZEN CATOGORY ONLY

Bobby Mani T (Lawyer)     10 December 2010

The misconception that tenancy laws are in favour of tenants has to be removed. Landlords also has got rights and the courts are recognising these rights now very vehimently.  The Karnataka Rent Act 1999 is a very bold stp to balance the interest of landlords and tenants. 

Hence no lanlord (Building owner) should hesitate to file eviction petition on the miscoception that the law is in favour of tenants.  You may have to face the delay in courts and the expence to be incured, but he ultimate victory will be yours.  Be consistant and bold, never flinge.


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