Don’t settle with fraudster
2) wait for court verdict
3) in alternative file consent terms in court wherein he pays arrears of rent and undertakes to vacate premises in 2 months
Rent not paid and eviction case against tenant
Hello Sir, I have a house in Mohali ( Punjab) which I had given on rent in Feb 2016 for a tenure of 3 years.The house in under my mother’s name who is super senior citizen. The rent deed is court registered deed and it got over in Feb 2019. I had filed a court case under Punjab Rent Control Act in May 2019 for not paying the rent from past 11 months and he is liable to be evicted from the premises immediately. Now on 28th Nov I have evidence hearing and today the tenant called me asking how much is the rent due and said if he wants he can delay the case for 2-3 years as case would go in lower court then session court and then high court. What he is proposing is , he will pay the rent due today and wants an extension for another 2 years. He is a fraud type person , earlier the case went ex-aprte and after 4 months he appeared in another court and got the ex-parte removed. He knows all the tricks and now he is offering this. My concern is he is just buying time and doesn’t have any intention of vacating the house. Please let me know what should I do , I can think of following options :- 1. Take the rent due today which is approx. ( RS4,20,000) and tell him I can only give him 2-3 months of extension and that too he need to give this statement in court that he will pay rent for 2 months and vacate after 2 months 2. Don’t agree to his condition, wait for court verdict and get the entire money from court which would take 2-3 months 3. If he gives money in court , I will win the case but as per lawyer court will not ask him to vacate as he has cleared the rent due. I will again have to file to new case of eviction. 4. Can’t I Take the money through him and file another case side by side for eviction under senior citizen ( which is mother) to vacate the house under own usage where I cannot give the house on rent for 3 years
Asked 4 years ago in Property Law
Religion: Sikh
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
10 Answers
As an interim relief court orders to submit regular rent to land lord otherwise intimidate eviction. Haven`t you prayed for this ?
And by efflux of agreement, tenancy is already expired. You are entitle to eviction on both counts. IF again court passed ex parte, no further set aside.
Don`t come in to his tact.
I am not getting why your petition lapsed for continuous payment of rent, on this point only he may have immediately evicted.
Feels like your petition and prayer poorly dratted.
Rent is your right, take the rent and continue eviction proceeding. Default the extension agreement.
Din`t you raise the ground that agreement is also expired and hence tenancy will over by giving 15 days notice ?
1. Yes this proposition can be accepted also you try for long date in court till he is not.vacating donot withdraw the case.
2. See court matter may take longer also he can appeal order to buy more time.
3. Yes that may happen so.you settle outside court submit withdrawal in court only when he gives possession of the property.
4. At this stage same.cannot be filed.
Dear Sir,
Well in this case you have a couple of options in your hand . There must be an agreement of rent duly signed by you and your tenant which was prepared during the handover of your property for rent to your tenant .
If you have this then you also have an authentic proof that your tenant hasn't cleared your dues nor has he replied to you (via mail or telephone), nor has he conveyed a message if there stands any financial cause because of which he hasn't been able to pay you the rent for the past couple of months . So in this case as there is no means of conversation from your tenants side you can file a suit of breach of contract against him (if there was a contract between boht of you stating the rent has to be payed to you within a particular day which was supposed to act as a deadline for payment) . if you possess all these documents I mentioned above you can get your money back without any fuss . If there was no agreement of rent between you and your tenant then I suggest you consult a civil lawyer as I won't be able to answer what happens when one doesn't have any agreement as a proof.
You can file case on your mother's name and against tenant for vacate the flat or property and take possession of it whether he had paid the full rent.
1. He may not agree for this proposal because he is going to pay a huge amount just based on the assurance for two more years extension of the tenancy, however there is nothing wrong in you suggesting him this offer.
2. This would be a better option, however what if he goes to appellate court.
3. If you have filed an eviction suit then you need not be worried on that count because the default in rental payment is a ground for eviction even if he pays the rental amount now.
4. You may decide based on the prevailing circumstances because it is ultimately you are going to face all the situations.
if tenant agreed for settlement,You can approach the mediation centre In court of your local jurisdiction.
1. As he is a fraud person dont take this option. Wait and evict him.
2. If you can wait you can do this also but it can take more time too.
3. Don't accept and evict him you can claim mesne profit after eviction.
4. You can do so.
1. Since the matter is now ripe for evidence it should not take more than a few months for the final judgment to come from the trial court. The appellate remedies before the District Judge and High Court are always open to every tenant.
2. If the rent is assessed by the court and tenant does not pay it on the first hearing thereafter then it has to result in immediate passing of decree against him.
3. It is beyond my comprehension as to why you filed the petition on the solitary ground of default in rent. You should have taken the additional ground of requiring the premises for your own bona fide personal use.
4. After accepting rent from him you may may file a fresh petition for eviction on the ground that you require the premises for your own bona fide personal use.
You should continue with the case if you want him to be evicted from the premises.
Ans if you want to settle the amount then ask him to give the statement in court regarding settlement of dispute.
