Tenant is not vacating our flat in chennai . His agreement period also expired, when my dad ask him to vacate he kept goondas and attacked my dad . We filed police complaint but he said he did not do anything and police also did not take action on him , my father is a 75 yrs old man . Now we have filed eviction suit in court it's already been 4 hearings still his lawyer did not file counter . Judge also not giving ex party in our favour what should be done please advise
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
eviction suits take 5 years to be disposed of
2) in the vent defendant does not file his reply court can proceed further in the case
3) in the interest of justice court is adopting lenient approach
4) draw attention of court to fact that although 4 adjournments are granted till date reply not filed
You can evict the tenant on legally. The Eviction suit will decree within one year .Exparty decree is not good ,always think in merit ways decree after evidence .the initial burden is on the landlord to establish advantage and burden and then burden shifts to tenant to establish hardships and the lack of pleadings and evidence in this regard on the side of tenant is fatal and the mere fact that the tenant has to vacate is no ground to disallow eviction when landlord has established bona fides as well as relative hardships of landlord outweighing that of tenant
So please wait and regularly watch the proceedings.
1. Since police has not taken action your father can file a private criminal complaint against him under Section 200 Cr.P.C wherein the court can summon him after recording the preliminary evidence of your father.
2. When was the summons served on the tenant? The reply has to be filed within 90 days, failing which his defence can be struck off.
You should file an application for passing ex parte decree
The court cases will not be disposed so soon.
You cannot be impatient within the four hearings.
There is a time limit of minimum 90 days for filing written statement after entering appearance by the defendant in a suit.
The courts are liberal to extend the time beyond 90 days also at the request of the counsel for the defendant, hence dont be so anxious about it so soon.
If the tenant is indulging into such atrocities again, you may prefer a complaint with the city commissioner of police immediately and can inform the commissioner that the local police are not cooperating and there is a risk for his life
