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Sivaraman (Retired professor)     25 December 2012

Tenant got interim injection

Respected sirs:

My upstairs tenant is borrowing money from several fianciars and also buy New cars with fake documents and obtain finance and selling to some one not known for the past 1 yr.To recover the money every day 4-5 financial company and bank people come and the tenant put the lock our side  grill gate and stay inside.So the fianncial recovery people come and ask me the where abouts of the tenant.First week of Dec one group came and caught him and assualted.he gave police complaint about them and informed me that he gave complaint about me.So I went to R$ police station in T.nagar Chennai and complained about the incidence.But the tenant got a court intermin injuction order and gave to police and also filed a case against me that I am trying to vacate him using people.

The police is not taking the complaint when I say he is doing financial frauds.

Now how I can vacate him through court or plice.

Regards

Dr.Sivaraman



Learning

 2 Replies

AKARAPU UDAYA BHASKER (advocate)     25 December 2012

Send a notice terminating the tenancy of the tenant by contending the misbehaviour and fraud played by the tenant during continuance of the tenancy which damages very nature of the premises, as well as the tenant is not using the premises as he taken the same lease as per the agreement. Even injunction might be issued by the court with a finding that  injunction is granted until the tenant is vacated by adopting the due process of law. Morever you have intimated abot the details of the rents and how much amount defaluted by the tenant for how many months which also a critiria for vacating the premises by the tenant. So verify the same reply to me for further course of action. O.K.

Sivaraman (Retired professor)     30 December 2012

Dear Sir:

Thanks for the reply.

The case is coming up on 04th jan.2013 and court has granted injuction till 04th jan.My lawyer is submitting the counter.He has paid rent upto November and as per agreement he has to pay the rent upfront before 10th of every month.he has not paid the rent for December till date.He has given 2 lakhs as advance.Since he was misusing my treeace (2nd floor) by drinking and taken womenafter mid night  there I locked the grill gate to pass through to reach terrace.There is no mention in the agreement that he can use the terrace.In his case he mentioned the rent is inclusive of terrace and he uses for terrace garden and drying cloths.But he has put counter lock there.Now my land line telephone has become out of order and the wire comes from terrace.he is not allowing BSNL people to go there and rectify the fault.I served notice to him on 01st of December as he did not pay the rent for November till end of November.But he paid on 03rd of December and taken the receipt for the same and telling that he has paid for December.in the court order.

Can request police or the lawyer to approach him to remove the counter lock.

Regards

Dr.Sivaraman


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