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Pattu Kutty (none)     16 April 2010

Tenant not vacating

I had let out my property to a person and entered into a lease agreement.  the tenant has been defaulting on rental payments since the 2nd month and has paid only for 3 months out of the 8 months he has occupied the property so far.  The agreed advance was also not paid.  Finally he agreed to vacate and gave a cheque twoards final settlement, but the cheque also got returned for reason "Account Closed".  He has also not vacated, but instead filed a civil suit seeking injunction against forcible eviction by citing reasons that he has been paying rent regular by cash for which no receipt is issued.  What remedies do I have in this regard.  Unfortunately, I have been misguided by few lawyers that cheque return for reason "Account closed" will not fall under ambit of sec 138 of NI act and so, the time period of 15 days for sending legal notice has also expired. 



Learning

 6 Replies

Vipin Sharma (Advocate )     16 April 2010

For Remedy u have to go "Rent Tribunal" and for Check Bounce u can go for !38 N.I Act .

1 Like

anitha Gutti (Advocate)     16 April 2010

Madam, please consult a lawyer soon regarding the injuction suit against you otherwise, he will get the decree in favour of him setting you as exparte from the court, if you are not objecting in the appropriate time, given to u, the court will deem it as acceptance from your side, please take proper measures by consulting a lawyer.
1 Like

Suchitra. S (Advocate)     17 April 2010

Bhuvana ji, I agree with Anitha ji's advise. Please contact any lawyer and file your objections to the case filed aganist you. It is very much important for you now. You can simultaneously file a case under S.138 of NI Act too.

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     18 April 2010

Even otherwise you can file complaint for cheating under IPC and eviction. But consult an advocate since for step by step problems can not be solved by seeking advice.

1 Like

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     18 April 2010

Dear Mam

Tenant is seeking injunction against dispossession on the ground of regular payment for which you never provided reciept. the only defence against this you have is cheque. present this bounce cheque before concerned court  and state that he is defaulter in the payment of rent and issued cheque for the settlement of due rent. but same has been bounced. he never intended to pay rent. therefore such and such months rent is still due .

So far as 138 case is concerned. you have to give Legal Notice to the tenant informing about cheque bounce within 30 days of the date of cheque bounce. after that you have to wait for 15 days from the date of recieving of Legal Notice by the tenant. to file 138 case.

Further you must also file ejectment suit against the tenant on the ground of defaulter in payment of rent and misbehabiour, fraud etc.

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 April 2010

Yes it is ok , only addition is that since notice period has expired for bounced cheque so a complaint can be filed under IPC.


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