We have mortgaged a shop for span of 5 years. Post completion this contract, we extended for next 3 years with no extra amount as whole but with some amount as monthly rent. After this 3 years of contract completion, we asked tenant to evict the shop but they are not ready to pay rent and evacuate the shop also. Now its has been more than 4 years since last contract expired and fighting a case against tenant in civil court for eviction and its still going on with no progress and hope. Also, recently tenant tried to construct paver blocks outside shop illegally. My father has tried each and every way to get best possible thing but we are just getting hiring dates on dates. Please suggest us what can be done now, we need resolution and help. Seeing the worst phase of India's laws and our rights that making landlords helpless for getting our own property back.
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IT`s not about law but lack of competency of your advocate. Otherwise in pending rent cases, tenant cannot refuse to pay rent, else court will order instant eviction.
File amendment petition and include one more reason of eviction, major alteration of rented property without land lord permission.
Change your advocate.
eviction cases take 10 years to be disposed of
2) you would get justice but since courts are over burdened disposal of cases take time
You have written the entire राम कहानी but not stated at what stage your civil suit for eviction is? How can an advocate advice you without all facts. Kindly state the date on which you filed the suit, whether you appointed an advocate or not, the stage of case, next date and what purpose is enlisted for next date.
It's only on these particulars that you can be adviced upon
It will take generally between 6-8 years.
change your advocate.
don't lose hope.
You can appeal to the higher court will the case is not progressing. Also you can take interim orders of injunction against such construction.
Since you have already filed an eviction suit before the court, you may have to go by the court dates.
What is your advocate's opinion about the inordinate delay.
If there is an intentional delay by the opposite party then you may approach high court with a petition seeking direction to the trial court for an expeditious trial and disposal.
Dear
The eviction suit generally take time to dispose of you should not lose hope
Ask your Advocate to take shorter dates for fast disposal of case or you should change the advocate.
