Raj (business) 23 August 2009

Tenant Eviction

Hi.. On behalf of our mother who is the landlady we have let our a portion of a building to a tenant 8 yrs back. We have requested this tenant to vacate and he has been giving all false stories and excuses and finally he managed through his lawyer to get perputual injunction order falsely claiming that i tried forcibly to evict him ( sometimes do not understand just for professional benefit why some lawyers create such stories) and the matter is running in civil court. On advise of our lawyer we have filed an eviction petition in rent control act as the rent was Rs.3100/- for bonofied requirement for my mother. My mother is a senior citizen and widow and sometimes she is just not able to take this. can anyone please give me i) suggestions for fast disposal of case in our favour ii) Good citation of cases from supreme court or high court or rental court for taking this case faster and in our favour iii) special references or citation for senior citizen and widow rights iv) Can we sue the tenant after the false case of forcible eviction in disposed? and can the costs for court cases recoverable? . Looking forward for any other suggestions and let me know if we are proceeding in the right track .. thanks in advance.

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6 Replies

Kiran Kumar (Lawyer) 23 August 2009

dont worry, nowadays bonafide necessasity is the best ground for evicting a tenant....even courts understand the conduct of tenants.

one thing pls dont blame lawyer for prepetual injunction, the fault lies with your tenant.

since your mother is a senior citizen you can request the court for shortest possible dates, few high courts have already directed the Lower Courts to decide the matters pertaining to senior citizens on priority basis....make a written application in this regard.

Rent proceedings are summary in nature so the technical procedure of civil law is not strictly applicable even rent controller can devise its own procedure.

once the premises is evicted then forget about the tenant, you need not to jump into the legal process again....ultimately u ll again blame the lawyers :-)

as far as bonafide or personal necessasity is concerned there are thousands of judgment in this regard, since the pleadings of your case and evidence on record is not in front of us, so no specific judgment can be mentioned here....dont worry, ur lawyer will take care of all this.

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Raj (business) 23 August 2009

Thanks Mr.Kiran for your reply. I am sorry i do understand that is was tenant who might have narrated wrongly to his lawer and may be you are right.

cp (Business) 24 August 2009

Hello Kiran Sir,

My mom has a land in chennai tamil nadu. It has been land grabbed by the landowner of the near by plot. What can I do to evict him from my land and what is the procedure.

Will it be a civil case or criminal case.

Regards

aruntrivedi (lawyer) 24 August 2009

File Criminal Complaint and also one civil suit pray for possession and compensation for use of land and on getting eviction order take over possession of land.