As you have already filed an eviction suit, it is better to file an interim application for an order restraining the tenant from subletting your property. It is NOT advisable to forcibly evict the tenant, as your action may lead to the tenant initiating criminal proceedings against you. Trust the legal system. Don't take the law in your own hands!
Tenant not evacuating property
I had leased out a shop 2 years back. The tenant was initially paying rent on time and then last 6 months he has not paid rent. I reached out to him for rent 5 months, he paid some fraction of an amount after 2 months of the pending amount. Then he stopped responding and the main tenant with whom I have the agreement does not regularly come to the shop. His workers run the shop. He has stopped answering calls or responding. I then filed a suit against him to claim the pending rent and also for him to evacuate the shop premises. 2 weeks back someone around the shop told me that he is sub-letting the shop to someone else. Then a person suggested that I use force, get someone from mahila mandal involved and forcibily enter the shop and ask him to evacuate. My main concerns are, since there is pending litigation in court, will this go against me. Another person asked me to file an injunction suit. Which i have agreed but its still not done and taking time. What should i do in this case?
Asked 3 hours ago in Civil Law
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6 Answers
I am not able to understand how to move forward. My age is 65 years, as I am told, eviction suit takes many years at times to come to a conclusion. I will not be getting my rent for those many months and it will be huge monetary loss for me. I have not got rent for last 3 to 4 months. Therefore someone suggested to use muscle power, along with influence of local authorities. But I am confused and not sure what to do. I want to know, if I use force, what are the things that can work in my favor and what are the things that can go wrong? Are there things legally that I can do, for example complain with local police, etc before using force so that there are no criminal charges against me? I want fast resolution so that my rental income is not stopped. Lets say if i use force and he tries to initiate legal action, since I am 65 yrs old, and I have not been receiving rent for so many months, will the law not favour me? What is best course of action for fast resolution? Meaning that i get possession of my property and also pending rent. Also, can i sell this property to someone else, while he is still there and current situation of pending litigation of the premises in court?
Asked 2 hours ago
Your age is immaterial when it comes to any criminal action against you if initiated by your tenant. God forbid. Defaulting in rent and refusing to vacate a rented property call for only a civil action and are not criminal in nature. You have no grounds legally to proceed against your tenant criminally by lodging a police complaint. Considering your age, you would only waste your time, efforts and money by lodging any police complaint. Again, as a person in your age group I would strongly advise you not to resort to any unlawful action in evicting your tenant. It's entirely up to you either go by my sincere advice or take the law in your own hands. Good luck.
dont take law into your hands
you have filed eviction suit and claimed arrears of rent .
dont take forcible possession
you cna seell the property on as os where is basis . disclose that tenant is in possession and he is not vacating premises and suit is pending
Using force to recover possession of your commercial shop will significantly harm your case. Under Indian law, even if a tenant has stopped paying rent or breached the lease agreement, self-help measures like forcible entry, changing locks, or involving outside groups (like a mahila mandal or local toughs) are illegal.
Since you have already filed a suit for rent recovery and eviction move an application for temporary injunction and seek an order restraining the primary tenant from sub-letting, assigning, or creating third-party rights/possession in the shop premises to any other person.
If a new third party has already physically taken over the premises, instruct your lawyer to file an application under Order 1 Rule 10 CPC to implead (add) the illegal occupant/sub-tenant as a defendant in your pending eviction suit. This prevents them from claiming they were unaware of the suit when an eviction decree is passed.
Conduct a legal inspection or request the court to appoint a Local Commissioner (under Order 26 Rule 9 CPC) to visit the shop, verify who is currently running the premises, and submit an official report on court record.
Using force will not accelerate your resolution; it will convert a simple recovery of rent into a severe criminal and civil fight where you risk losing the legal standing you currently hold.
Under Section 6 of the Specific Relief Act, 1963, any person who is forcibly dispossessed without due legal process can file a summary suit. The court will only ask two questions: Was he in possession? and Was he removed by force? The court will order you to hand the keys back to him immediately, irrespective of his non-payment of rent.
The police do not have the legal power to evict a tenant or recover rent on your behalf.
While the court will be sympathetic to your age during trial, Section 6 of the Specific Relief Act specifically prevents owners from taking the law into their own hands.
If you want speed and recovery without criminal exposure move an urgent application directing the tenant to deposit all unpaid arrears (3–4 months) and continue paying monthly rent into the court's account during the trial.
If he fails to pay, the court can strike off his defense, allowing you to get a fast-track summary decree for eviction without a long trial.
You have the legal right to sell your property even if a court suit is pending. However, the buyer's rights will be strictly subject to the final outcome of the court case.
You must explicitly state in the sale deed that an eviction suit is pending. Hiding this from a buyer can lead to fraud charges against you.
Finding a buyer who will pay full market value for a commercial shop with a rogue, non-paying tenant inside is difficult. Buyers will demand a massive discount (often 30%–50%) to take on the burden of the ongoing litigation.