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Mangesh Mane (Engineer)     25 January 2011

Tenant delaying the case

Hi ,

We have filled a case against our tenant last year, after initial phase now for last 4 to 5 times he or his lawyer is not appearing for the date, how to deal with this. whether court can take any action on them. This may be a trick for delaying the case


 3 Replies

Shailendra prasad singh (Lawyer)     29 January 2011

tell me what is the stage of the case.

Mangesh Mane (Engineer)     30 January 2011

Hi Shailendra,

We have given eviction notice in Dec 2009, after 3 months we filled the case, after that tenant made litigation that he is living for last 25 years & he will not vacate coz he is not having any other accomaodation & his financial condition not good, he made litigation for plot inspection thru his lawyer, we made objection on this & court has refused his appeal, after that he or his lawyer is not appering in the court for last 5 months(5 times).....

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     31 January 2011

Difficult to evict old tenant .

The law is in  favor of tenants , just because proper care is not taken from initial stages and hence tenants may  face problems. Following are important situations and if proper care is taken landlord or tenant can benefit from it.

1)     Tenant should pay  rents regularly and demand rent receipts. If landlord does not accept rent or do not give rent receipts tenant can apply to the court for deposit of the rent in the court.

2)     Land lords can not increase rent , tenants  will get protection from court by filing suit for fixation of standard rent by the tenant.

3)     If there is no lease agreement or it is not registered the harm will be more to landlord than the tenant.

4)     It is a myth that eleven months leave and license agreements can be renewed again and again. It is not legal. The damage / harm  will be more to landlord than tenant.

5)     Landlords can seek possession for i) default for rent payment ii) sub tenancy without permission and major structural changes in premises without legal permission. Tenants by taking proper precautions can avoid these traps.

6)     Landlords seek possession for personal needs but they have to prove that landlord  will have more difficulties  than the tenant than only eviction is possible on this ground., otherwise not.

7)     The landlords and their advocates as a rule make mistakes in over confidence , only expert legal advice can help tenant to take its benefit and the landlords to avoid it.

8)     You must take assistance from  hard working and expert legal person since the beginning. Once the initial steps are lost no  body can help you. Most of the landlords and tenants just  do the reverse . They take advice from immature persons in the beginning  and run to experts at later stages when things go out of control so nothing can be done .

9)     It is a myth that law and courts are in favor of landlords. Read any Judgment in favor of landlord even up to SC and you will find that the tenant lost because he / she or their advocate did not take proper steps at initial stages.

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