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rajesh tamil (technical)     11 July 2011

Tenant not vacting not paid rent

I am a NRI. My father rented a porion of the house. house.there is no Agreement papers verbal only. father told The portion will be for rented for 6 months only. after 6 months the tenant is not vacating & also for the past 6 months he didn't paid the rent. for january & february. the rent adjusted for 2 month advance money. for march he didn't paid the rent & also not paid for utilities for 6 months. On April he sent rental money thru Money order my father refused to get. (the tenant staying in the same building only) my father requested him to vacate. but the tenant put false case in police station  against my father & brother in law & the introducer. but the police enquired & prooved that it's a false case.

Later the tenant requested Injunction. but Judge not given. there is witness that he didn't paid the rent for 6 months. Is the land lord has rights to evict with in 2 months? if  the house is required for my own use & starting a own business.  but without loosing my NRI status.

what's the Bonafide document is required?can the tenant contiue in the same as without paying rent for long time?  he can also continue to stay by getting Vaida in court?



 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 July 2011

2 months period is very short. Keeping in view the crowd of litigants in Indian Courts, it is not possible to get decision of case within such short span, hwoever, you have a very strong case wherein tenant shall have to vacate your property on the basis of your bonafide need.


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