• Illegal squatter occupying owned property

Hello:

I would like to seek your legal advice on a property that is owned by my husband since 2005. Said property is a flat in Mangalore, to which he has all the relevant documents and proof of ownership. A 'tenant' has been living in this flat since 2005, who ceased to pay rent post the death of her husband in 2014. She has since taken a 2 lakh loan from my husband's parents and continued staying on without paying rent till date. Informal eviction notices and pleas to clear the dues have gone on deaf ears. My husband has attempted court proceedings which were dismissed as there is no legal rental agreement in existence. She continues to live in that flat and is obstinate. Since her husband is an ex Indian army officer, she plays a victim, and her age is also in her favour (60+). The police are helpless, while the courts are of no help either. Kindly suggest the best legal ways to ensure her eviction from our premises. Thank you.
Asked 7 years ago in Property Law
Religion: Christian

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3 Answers

1)before filing eviction suit you should have issued legal notice to tenant to vacate premises and pay arrears of rent

2) only then file suit for eviction

3) you say eviction suit was dismissed

4) kindly enclose copy of court order dismissing eviction suit

5) youcan appeal against order of dismissal

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. It seems that the rent controller had dismissed the petition for eviction as there was no rent agreement executed between your husband and the tenant. Proceedings before the rent controller was never the answer if there was no rent agreement in the first instance. The remedy for your husband is to file a suit for recovery of possession in the civil court against her. In his suit your husband can also claim mesne profits i.e the cost for staying in the property. You filed proceedings under a wrong provision of law, which is why the courts could not come to your rescue.

2. Police has no role in this as the dispute is entirely civil in nature.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The proper due process of law is to be observed.

Your husband should first issue a legal notice to her demanding the arrears of rent and also instruct her to vacate the premise and handover the vacant possession.

The reason to be mentioned for asking her to vacate is her default in rental payment and the property required for own use.

After this you can file an eviction suit if she fails to vacate the property.

Please be aware that you should not club different subjects, i.e., her due amount taken as loan with this tenancy vacation.

If you mix up different subjects together you may not get proper relief even to one subject.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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