File application before competent authority for eviction of licencee as period of leave and licence agreement has expired
2) claim arrears of rent also penal rent as per terms of your agreement
Tenant not paying rent & overstaying despite expiry of agreement
We had give our commercial shop to a tenant for 2 years - leave and license agreement. The tenant stopped paying rent after 6 months, cheques were getting bounced. He has filed a case in the court saying that we are not allowing him to deduct TDS and tht we are asking for cash etc.....all false allegations. The court procedure is on, in the meantime the agreement has also expired. We had approached the Police but they are unwilling to help saying that the matter is in the court. We have requested the court to dismiss the case as there was a clause for arbitration in the agreement and the tenant did not come for arbitration despite our notice. We have reached the argument stage. Not sure why the court is delaying the dismissal. Also, do let us know what to expect in the future.
Asked 8 years ago in Property Law
Religion: Hindu
9 Answers
1. Tenacy dispute can't be adjudicated by arbitration.
2. Your option lies in filing a suit for eviction of tenant.
3. If there is still time limit you can file cheque bouncing case against him.
4. Tag his suit with your suit for eviction of tenant.
If he's having no stay order of the court in his favor, give him an eviction notice.
Thereupon file a eviction suit before the Rent Controller.
1. Police has no authority of law to intervene as this is entirely a civil dispute.
2. You should file a civil suit for recovery of possession and the arrears of rent against him in the civil court as the agreement has expired.
3. If there is a clause for arbitration in the agreement then jurisdiction of the civil court is barred. You should have challenged the order of trial court in the High Court.
The grounds mentioned seeking dismissal of the petition is not very strong and you may not get a favorable reply
Your contention should have been that they have defaulted rental payment and the evidence is the cheques for rental amount being bounced.
The police cannot help you on this since it is a civil matter and also there is a litigation pending on this issue.
You may await the court judgment
You can send him a notice of termination and then can proceed to file a case in Court of Small Cases for eviction of the tenant. the case that is pending is on the different ground.
Also if you are within the limitation you can file a case under section 138 for cheque bouncing
Regards
Their lawyer was arguing against arbitration order. Next date is in Dec. I am not understanding why the Judge can't restrict the use of the shop when the agreement has expired 6 months. What if the Tenant declares himself as bankrupt, how are we supposed to recover the pending amount for last 18 months? Or even after the order in our favor what if they donot pay the dues. Pls. suggest.
Asked 7 years ago
If the tenant declares himself as bankrupt then the court might go ahead and attach his properties.
The court has to listen to the arguments of the opposite side also before passing an order, it can not be passed on mechanical ground that since the agreement expired 6 months back therefore the order will be passed in your favour.
On what ground the arbitaral award was being challenged
Regards
if tenant does not pay dues inspite of court orders you can take out contempt of court proceedings against the tenant
2) in the alternative take out execution proceedings for attachment of his property
3) if tenant is declared as insolvent you would not be able to recover your dues if there are number of secured creditors to whom he owes money
First of all you get the orders in your favor and after that if he is not paying the amount as ordered by the court in your favor, you may file an execution petition to execute the order as per law.