• Tenant not vacating the house

Hi,

In my house at native place, my father gave on rent to a person with 2 small kids and his wife first floor. In ground floor family my own family stays. I stay away from my native place. The person is a businessman and his wife is school teacher. My father gave the house without any rental agreement on mutual understanding. My father now expired, and thereafter that guy also stay in a different mood, harassing my widowed mother for water and so. I went home seeing this asked him to vacate the house for his stupidity. In presence of some elder persons in the neighborhood when I said this, he admitted that he would vacate in 10 days. But later he made a notarized document saying the owner is not receiving the rent from him, so he is depositing it to court and started  paying only half of the rent. We had to file an eviction case with the help of an advocate. But the issue is that it is taking time, almost 6 months now. The result is still awaited. How much time generally it takes? Is there any quicker alternate option we had?
Asked 2 years ago in Property Law from Hyderabad, Telangana
1. You are on the right course by filing a case for his eviction.

2. It is just 6 months into the case, so you must show patience. Disposal of cases takes time as the courts are reeling under a huge pendency of cases coupled with the fact that the judge-population ratio is dismal. The tenant has to be given an equal opportunity to rebut your case. From your side you can expedite the disposal by not taking unnecessary adjournments.
Ashish Davessar
Advocate, Jaipur
19133 Answers
484 Consultations
5.0 on 5.0
1) eviction suits would take minimum 5 years to be disposed of . 

2) on account of heavy backlog of cases no fixed time frame can be mentioned . 

3) best solution is to arrive at an amicable settlement with the tenant
Ajay Sethi
Advocate, Mumbai
26099 Answers
1419 Consultations
5.0 on 5.0
Hi, there is no time frame within which court can dispose of the matter but normally it will take 2 to 3 years but we can not say exact time to complete the case.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
it is admitted fact that he is your tenant. he is trying to delay the proceeding and frame false suit because he does not want to vacate so you should collect evidence of payment of rent, his conduct towards your mother and statement of all the persons before him he admitted that he will vacate your house in next 10 days. but it will take 3-5 years to decide because there is many provision in the rent to delay the proceeding by getting adjournments.
Shivendra Pratap Singh
Advocate, Lucknow
2978 Answers
45 Consultations
4.9 on 5.0
1. Filing Eviction suit is the only way left before you,

2. Eviction Suit takes a long time, in some cases even 10 years, to be disposed of,

3. Try to get the dispute settled amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
13211 Answers
280 Consultations
5.0 on 5.0

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