sahil (team developer) 26 April 2010

tenant eviction

hi sir,

my name is sahil and my father is 62 years old. We have a property in name of my mother who is a house wife. The said property is on rent since jan 2009. There is no rent agreement and tenant was paying us a rent of 6000 per month.We approached him to vacate this house as we have no other alternative but he sent us a notice saying that we are harrasing him and forcefully trying to evict. He also sent us phone bills and ration card which he has made without our approval. Please suggest what I can do as he say that he knows big MLA's and gunda's. He has also mentioned in notice that he is staying since 2008 but its from 2009 he do not have any proofs for 2008....Please help and guide me....regards

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6 Replies

H. S. Thukral (Lawyer) 26 April 2010

You terminate the lease and file a suit for possession. If you had recived at any time rent by way of cheque, it will be to your advantage. Donot bother about what he is.

srikanth kumar bandari (advocate) 26 April 2010

mr sahil first reply to the notice through your local advocate which is issued by your tenant and,

then issue notice u/s 106 of T.P. act by terminating the lease deed and also mention about mesne profits in the legal notice to be issued by you/mother , then if your tenant replies the same, then immediately after receipt of the reply file a suit for the relief of eviction, mesne profits, damages etc.,

as far as influence of MLA and goodas are concerned pl do not worry law is equal for all the Citizens of india whether it is Chief Minister or Prime Minister, But do not take law into your own hands.

consult your local lawyer immediately without wasting time.

Kumar Doab (FIN) 26 April 2010

You may show the ration card and phone bills and the notice sent to you, to your lawyer.

For availing Phone connection valid photo ID, residence proof, is to be submitted as per KYC norms of the company.Residence proof can be Rent Deed,voter card,phone bill not older than 3months, electricity bill etc.

For ration card,photo ID,residence proof including form signed by local councillor stating that the applicant is known to him and is staying at the address is required.

Your tenant might have violated the law somewhere and your lawyer can help you get the justice.The status and acuintances of the tenant does not matter.

sahil (team developer) 27 April 2010

thank you sir,

We have already replied to his notice but unfortunately judge is on leave. It is pending since March 2010. and we are urgently in need of a house as my father is retired. We are very simple people and also scared. Sir can he also transfer this property into his name by any chance and can we also file a case that he has a ration card without our consent. Can we also disconnect electricity?

Regards

Sahil