hello,
it seems that an SCC suit is pending, in the Lucknow HC. therefore, pursue your case with vigor. try to expedite the case in the HC.
regards
Expedite relief from cunning tenant not paying rent from last 20 years
Rent agremt executed 16.05.96 Rent paid upto only may 99. Notice by landlord on June 99. No response. PA suit is filed by landlord for personal need as well dauter's need(she wnts to run coaching) u/s 21a of up rent control act 1972. Summon by court. Sumon received by tenant but absent in cort proceeding. Ex party decision in fvr of landlord in 2002. He sudnly become present in compliance case of decision. Ex party recalled and case restored. Again became absent in 2005 in evidence. Again Ex party decision in fvr of landlord 2005. Again present in compliance case. Ex party recalled ,case again restored. In 2007 daughter got married. In 2013 court founds need of tenant more bonafide dautr is not the fmly member after marriage (But dautr with her husbd live at father's place from very next day of marrige,in all her service records, bank etc adres is of father's place is running)comparative hardship of tenant is more than landlord. In this decision need of landlord not considered. Tenant not searched for alternate accom during case. Landlord makes apeal against decision. ADJ reaffirms lower court decision in 2016. Review is filed, quashed in none present. Now new scc suit by landlord on 28.02.18 GROUNDS rent arrears of last 3yr(tenant not paid single rupee from last 20yrs), Denial of title of landlord(In PA case), Rent amount (tenant says 80 instead of 800) Default in payment(In scc he deposited 20 yr rent by rate of 80 per month).Substantial damage by installing heavy printing machine covering 80% of tenanted premises. Building vibrates when machine runs. Structural alteration. WS of tenant is not filed yet from last 3 month. In PA case he has given many contradictory statement About payment of rent, amount, title etc Please suggest STRONG REMEDY for EXPEDITE RELIEF from this CUNNING,CHEATER and FOOLING tenant,who Is taking DUE ADVANTAGE OF LAW ABIDING, GENTLE and PEACEFUL NATURE of landlord.PLEASE HELP TO INTACT THE FAITH IN LAW.
Asked 6 years ago in Property Law
Religion: Hindu
8 Answers
1. Why did you not take ground of non payment of rent in the previous suit filed by you?
2. Have you taken ground of damage caused to premises due to installation of heavy machinery against terms of tenancy?
1) eviction suit takes 10 years to be disposed of
2) if landlord is senior citizen he can seek expedited hearing of the case
3) landlord has strong case for eviction on grounds that tenant has done structural alterations without landlord consent , has not paid rent for 3 years
1. You did a mistake by not preferring the second appeal as the said suit ad good merit and instead of Review you should have gone for second appeal.
2. Now change of nature and character of the suit property is a good ground provided it is a subsequent cause of action after filing of first suit. Default of rent is another option but would go away once he deposit the arrears rent in curt.
3. There is no way to fast track the suit except the keep close watch on the suit and ask for shorter dates. Do not miss any date. Good luck.
You need to contest the case which are filed. Check if the building is dilapidated and serve notice of vacation through municipal body. Contest the case of damage to the Property and eviction of tenant and the machines installed which are detrimental to the property. Unfortunately due to vote bank politics the tenant and rent law is still continued.
Dear Client,
I think u need to change the lawyer, you have strong case, Bonafied need, non payment of rent, installation of printing machine etc.
Since the matter is pending for over20 years you may file a petition before high court seeking expeditious trial.
You have a good prima facie case against the tenant. Main point should be the material alteration by installation of the printing machine which can be dangerous too as the building shakes.
Other points should be non payment of rent, damage fone to the subject property and bonafide needs.
Since the subject matter is more than 2 decades old, you can pray for speedy trial, and if not granted, can pray for shortest possible dates
