Joplin Kidman 05 September 2026

Unpaid rent and eviction

The tenant stopped paying rent and ignored maintenance, which we had to cover ourselves. We have proof, and the court case has been dragging on for a year. All evidence, including the tenant’s written statement agreeing to vacate in June, has been submitted, which I believe now amounts to contempt of law. Yet the civil judge keeps granting more time and delaying hearings without any clear reason. It feels like the system sides with offenders over victims. I’m wondering if I can take this to a higher court or if there are grounds for a police complaint. I have bank statements and proof showing no rent or even basic utility bills have been paid, and the tenant still refuses to vacate. The registered rental agreement states that after two years either party can terminate the lease, and the 90-day clause for non-payment of rent invalidates the agreement.

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Quick Summary

This discussion concerns a landlord facing significant delays in an eviction case due to unpaid rent and a tenant ignoring maintenance requests. Despite having substantial evidence and a written agreement from the tenant to vacate, the court proceedings have dragged on for a year. The landlord is seeking advice on escalating the case to a higher court or filing a police complaint, feeling the legal system is not providing a timely resolution.

5 Replies

Dr. J C Vashista (Advocate ) 05 September 2026

If you find the Trial Court / Rent Controller is dragging the case unnecessarily you should have approached High Court for a writ of mandamus to decide the case within a time frame.

Some deeper issues are involved in the facts / query for which case file has to be perused before forming proper opinion and oblige.

However, it would be appropriate to consult the lawyer engaged by you who is well aware about facts and circumstances of the case, if you have not lost faith in him/her.

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate ) 06 September 2026

1. You have to file application through your lawyer on two points first to deposit the outstanding rent and maintenance charges due and second to vacate the premises as accepted by the tenant in his counter reply and request the court to issue orders on the same. Filing complaint in police may delay the issue and don't serve any purpose.

T. Kalaiselvan, Advocate (Advocate) 06 September 2026

You can file an application requesting the High Court to issue a time-bound direction instructing the trial judge to hear the case on a day-to-day basis and decide it within a fixed timeline (e.g., 3 to 6 months). High Courts routinely grant these directions in landlord-tenant disputes where the tenant continues to occupy the property without paying rent.

If you have unambiguous evidence—specifically the tenant's signed statement agreeing to vacate—your advocate can file an application under Order XII Rule 6 of the Code of Civil Procedure (CPC) for Judgment on Admissions. This asks the court to pass a decree immediately based on the tenant's clear admission without delaying for a full trial.

If the tenant's statement agreeing to vacate in June was made in writing directly to the judge or given as an official undertaking recorded in the court's order sheet, failing to vacate can constitute Civil Contempt under the Contempt of Courts Act, 1971.

File an interim application for deposit of rent/mesne profits, asking the trial court to order the tenant to deposit all arrears and monthly rent into the court's account as a condition to continue fighting the case. If they fail to deposit, the judge can strike off their defense.

P. Venu (Advocate) 06 September 2026

The pleading having been completed, you can instruct your advocate to expedite the trial and decision on merits. Some of the opinions expressed in the posting are too hasty.