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Paruvatham (STL)     31 July 2017

Tenant is not vacating the house inthough high court ordered

We have my grandfather's house in Trichy, Tamilnadu. After him, my mother and her sister got partitioned. We got one shop and a house behind the shop (1 room, hall and kitchen). We put all our things in the room locked and gave the shop and house (without room) to tenant. In 2005, they file a case against us and got injection order. They were paying rent Rs 2000/- but said as Rs800/- in the case. We filed RCOP against them but it ordered against us. We again filed a case in high court (madurai bench) and now we got the ordered favour of us. she (her husband expired and no children) now moved to another place. while going she broken our room and took all things (copper, my grandfather's medal ..) and our aunty room as well. All together cost nearly 2lakhs. Now she is not giving the key to us and demanding 40,000 (the amt she paid as rent on the case. We havent taken that money). 

Please suggest what to do. She has not paid for 12 years of rent, took all our things and now demanding money also. all this, inspite of we won the case in high court.

Our lawyer is saying not to think of those. Let us talk and give some money and get hold of property. Else, we need to file another case and not sure when that will end.

My mother is 75+ years old and she is crying and i am unable to see her.Pl help us. any complaint to collector will help us?



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 4 Replies

Paruvatham (STL)     18 August 2017

Experts, No solution to this !

tradesinc (owner)     27 October 2017

under indian legal laws the tenant is fully protected and there is 0 protection for the landlord even a proof of letter received is enought for the tenant to put a police complaint against the landlord !!!! 11 months lease deed never expires if under urban its automatic renewal please put only a 3 month lease deed and make sure you collect the old original lease deed lease only to corporates u can fight a legal battle for many years in courts but with a single page the tenant can setaside any orders that is Indian law i learnt all this the hardest way sitting on court benches for a decade the orders arent still passed i never understand the meaning of ache din the common mans last resort is the indian judiciary which is archais obsolete they never pass orders only read numbers for many cases and set fresh dates this is for all the hapless landlords with kind regards please move with caution when it comes to tenants ... https://drive.google.com/open?id=0B--Jc2ljka1oMzM5M0hRcElZTzQ https://drive.google.com/open?id=0B--Jc2ljka1oM3lYTFNqNmo4Smc

Read more at: https://www.lawyersclubindia.com/forum/Need-advice-tenant-not-ready-to-vacate-at-lease-expiry--152484.asp

tradesinc (owner)     27 October 2017

wilful default petition for nonpayment of rent

Kumar   16 September 2018

Sad Paruvatham. Hope you your issues got resolved if haven't till date. God bless.


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