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Tenant asking money to vacate

Page no : 2

Bobby Mani T (Lawyer)     10 December 2010

You have several grounds provided in the rent control Act, own use, and reducing value and utility of the building are some of them which can be utitliesed in this case.  Get in touch with a good lawyer at Banglore and find whether Karnataka Rent control Act 1999 has come into force or the old one is still prevailing.

girishankar (manager)     11 December 2010

Dear Srinivasan,

The law is in favour of any Tom ,Dick or Harry who is in  possession in your house or land . I think Vattal Nagaraj

can easily solve this Prob. than wasting your time and money in court.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 December 2010

Please give advice on practical expereince than based on theory.

Have you got or know that landlord got possession thrugh court easily.

We as a routine work for tenant and get him relief.

Regarding advice of Mr Girijashankar pl remember the case of Haldiram of Calcutta a party worth more that FIVE THOUSAND CRORES  He manhandled an encroacher out side his showroom and was convicted  and  had to go in jail for few months not days that too after escaping the law by going abroad and when all the  VIASAS expired he had to return and was sent streight to  jail. Now he is on bail since conviction case is in appeal.

 

Bobby Mani T (Lawyer)     11 December 2010

The law protects both the landlord and tenant.  The tenant has got right not to be evicted without a ground provided in the rent control Act.  But where there is a ground for eviction then the landlord will surely get remedy from court.  The tenant can surely do some delay tactics to drag on the proceedings.  But ultimatlly the justice will prevail. 

See some of the supreem court decisions

Long user of premises by the tenant is not a ground for denying eviction. (2008 (9) SCC 1D

Contempt proceedings can be initiated for non compliance with the direction for depositing the arrears and delay tactics adopted by the tenant to prolong eviciton petition. AIR 2000 SC 1122


 

Bobby Mani T (Lawyer)     11 December 2010

Any one who doubts the attitude of SC in cases relating to Tenancy may read Malpe Vishwanath Acharya v. State of Maharashatra (AIR 1998 SC 602)

The supreme court further states that Rent control legislations are to balance the intersts of both landlords and tenants and shall be interpreted to achive the object of enabling landlord to evict tenant where the statute so provide. (AIR 1978 SC 272)

Surely as you said the landlords who take law into their own hands and do criminal acts may be put to difficulty as you said.  That is not a fault of rent control law of judicicary, it is foolishness of the landlord or foolish advice by his lawyer.  I am not going to comment on that.

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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 December 2010

YOU HAVE NOT READ THE CITATIONS REFERED BY YOU CAREFULLY IN TOTOO.

EVERY CITATION IN FAVOUR OF LANDLORD IS BASED ON PLEADINGS OF THE LANDLORD AND TENANT.

IF THE TENANT HAS NOT CONTRADICTED THE PLEADINGS IN HIS WS NO BODY CAN HELP HIM.

And do not get confused in whose favor the law is , the judgments are given based on pleadings and evidence.

Just go through the above citations fully and you will find the landlord had not complied with all the requirements of law but since the tenant did not take action at proper stage it  is assumed as his admission. Than no body can help him. All other observations of the citations are incidental and not law.

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Seenivasan (Property Owner)     12 December 2010

Bobby sir and Shashi sir. Thanks for your great contributions. That guy is not paid the rent for Nov 2010 yet. He is suppose to be paid by 10th of december, since i did not extend agreement period he may be delaying. I am planning to send a written notice that he should leave by Mar 15 with due rents paid. That is 3 months notice. But lawer notice, i am thinking of avoiding lawer notice first becuase if he goes to consult a lawer he might screw up. If he is not paid rent upto March, that is 90 unpaid rent will help my side legally claim that he is not paid rent and can be evecticed easily ? But the 10 months deposit he paid as security deposit as per agreement will cover rent later incase if i fight in the court. When and how a tenant loose his rights, when rental due is 60 days or how many days ? Can you please give me some good points that can be favourable to side legally ? Basically what all of you are saying is, once someone got keys means the property is not belong to the owner and have to fight in the court until his death ? Your law points and teaches me that i dont have to go and work hard abroad to earn and construct house in India for my life ? Just some how get in to a good place for lower rental agreement and file a law suit against a owner and stay for ever until owner fights in court and dies ? this sounds like better housing scheme for the whole life. This is bringing a dangerous phenamina to the whole society. Any responsible lawer can file a general petition against such law in Supreme Court not to extend the tendancy with out proper agreement with owners ? Then what is the point making agreement with owner for the tendancy peroid 11 months ? This is really discouraging Indians living abroad to invest in India. There are plenty of NRI property have been grabbed by some from family or given for lease or rental. I read an article Punjab state has a Express court for NRI propery related disputes. I think some one should take up this issue to supreme court via public litigation not to take advantage of NRI's who is not living in India and try to grab the properties like example Senior citizens and widows clause. System should change. Otherwise we economically success in country and socially we will fail. Because NRI's investing the property price going up and the share market is very healthy despite of economic recision. Indians are the second largest money remitters of the own country next to Mexicans. But i have a big question that how a owner is protect the property from Gunda's ? No one answered this question yet.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 December 2010

Such things does not help what in India but any where in world.

Seenivasan (Property Owner)     12 December 2010

Shashi Sir what you mean to say is a tenant can stay with out paying any rent or taken responsibility  to pay to owner and stay in the same place ?

Did you read the below ?

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

Seenivasan (Property Owner)     12 December 2010

Shashi sir, please explain the following from the same document ?

CHAPTER VI
REGULATION OF EVICTION
27. Protection of tenants against eviction.- (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by the Court, District Judge or High Court in favour of the landlord against a tenant, save as provided in sub-section (2).
(2) The Court may, on an application made to it in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely:-
(a) that the tenant has neither paid nor tendered the whole of the arrears of the rent and other charges legally recoverable from him within two months from the date on which a notice of demand for payment of has been served on him by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882 (Central Act 4 of 1882):
Provided that a tenant shall not be entitled to the benefit of service of notice by the landlord under this clause where, having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent and other charges payable in respect of those premises:
Provided further that where in a proceeding for eviction of a tenant on the ground specified in this clause, the tenant is to be evicted, the Court shall make an order directing the tenant to vacate the premises unless he pays to the landlord or deposits into Court within one month of the date of order, an amount calculated at the rate at which it was last paid, for the period for which the arrears of rent and other charges were legally recoverable from him, including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made;
(b) that the tenant has,-
(i) on or after the date of application of Part V of the Karnataka Rent Control Act, 1961 (Karnataka Act 32 of 1961) to the local area in relation to the premises, but before the date of application of this Chapter to such local area; or
(ii) after the commencement of this Act without the consent in writing of the landlord,
sub-let, assigned or otherwise parted with the possession of the whole or any part of the premises ;
(c) that the tenant has used the premises for a purpose other than that for which they were let, without obtaining the consent in writing of the landlord:
Provided that no application for recovery of possession of any premises shall lie on this ground unless the landlord has given to the tenant a notice by registered post served personally on him requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice and no order for eviction against the tenant shall be made in such a case, unless the Court is satisfied that the misuse of the premises is of such a nature that it is a public nuisance or that it causes damage to the interest of the landlord;
(d) that the premises were let and,-
19
(i) the tenant or any member of his family has been in occupation thereof for a period of six months;
(ii) the tenant has not been occupation thereof, without a reasonable cause for a period of two years,

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 December 2010

Pl read again what you have posted.

The tenat has to pay rent , it is not disputed and for which he will get no of opportunities.

You are asking for eviction which is defficult. Even your narration has the ref of TP act which is biggest trap for landlord and very few realise its implications till the end.

Do not get agitated on this site , go the court if you have conviction.

I have just put what is reality.

girishankar (manager)     15 December 2010

Dear Sir .

U can evict your Tenant as per law in our counrty for everything there is law....but how Long it takes the god only knows....Please I am not discourageing you..I am telling the Practicality.. how many evection cases hav been .....immeddieatly is ??????????

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 December 2010

But eviction not possible in circumstances stated for a vigilant tenant.

Bobby Mani T (Lawyer)     17 December 2010

As Sashi Sir said " Do not get agitated in this site" Whoever wants to get his tenant evicted go to the rent control court, and as Sashi sir said there will surely be delay and delaying tactics played by the tenant and his lawyer.  Do not get disharted. there is surely a right which can be excercised by the landlord to get his tenant evicted.  That is only possible through rent control court.

As agaist Sahsi sir said there is surely many ways and grounds for a landlord to evict his tenant.  But the problem is the attitued of the building owner as our sreenivasan who is reluctent to take advice of a lawyer and do certain acts on his own and when the things get out of his hand run to lawyers.  That is the problem with landlords.  The tenants who are very keen to protect their interst always consult lawyers and do everything according to expert advice. that is the reason why tenants survive. Not because of fault of law.

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Seenivasan (Property Owner)     20 December 2010

Dear All,


Thanks all for your vauable advice and time giving me support and ideas.


The tenant vacated now. I threatened him that i will police complaint and we have to discuss infront of police and we can go to the court if he is demanding 2 Lakhs randsom. 

Then he said he don't want to come to police station, but if i give some money he will vacate the shop with out a problem, since he was not doing good with the business there.

So i agreed to pay 40000 on top of his deposit and he vacated. I know according to the law i don't have to pay anything to him. But i have to workout some solution that is good for me.


This is my first exprience renting out the shop, but next time when i make agreement, i will cosult here and do it. You can guide me what is good for both parties in case of disputes.

Bobby sir, thanks for your support towards me. I have to compromise becuase i am living abroad, i cannot come and fight in the courts. Secondly i don't want have personal disputes with people becuase of money.

One may have cheated me, I believe in God, i hope he will help me to get good rent in the future. God is the best judge.

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