It is east to induct a tenant but very difficult to evict him as the rent control legislation in India is pro-tenant. Tenant has practically the status of an owner in the rented premises. You have filed the cases that you ought to have filed. Your lawyer is right when he says that the case can be easily dragged on for 4-5 years. So heed his advise of an amicable settlement unless you have the time and patience of fighting it out in the court.
Tenant not vacating and threatening not to vacate forever
Respected Sir/Madam, Sub: Tenant not Vacating and threatening not to vacate forever I am V. Sriram, currently living in Bangalore with my mother. I having a real nightmare with my tenet. I am writing this for 2nd opinion on this case at Trichy court. I have rented my house to a tenet named A.Velankanni (also Advocate in Trichy Court) in 2011 for 7500Rs in Trichy, with one-year agreement. As we are not happy with the tenet as he did lot of damage to house, was asked the tenet to vacate after one year. but he wanted to stay for another two years, when we asked him to vacate, he started paying less rent Rs 4000 from that date till now. As my mother was not will that time I did not go court. Last year I consulted a local layer in Trichy on this matter I have put three case on him on may 2015, after all the notice to tenet, the case was put on Sep 2015 (RCOP No.78/2015) 1. Evection of property, 2. Not paying the rent properly 3. Fair tent. Finally, after multiple Judge change, court leave and strike, case was taken for hearing. Now the tenet is threating me, saying if I prolong the case, he will go to till supreme court requesting for appeal. And According to our Advocate this case can be Dragged to 3 to 5 years minimum as he knows all loop holes in the system. Now the tenet as come with amicable settlement, saying 1. he will stay for another 1.5 years, 2. he will not pay any rent balance till date, 3. after this amicable settlement is done, he will be paying rent of Rs 7500 for next 1.5 years. My Advocate as suggested to go with the amicable settlement with Tenet. My Priority: The tenet should vacate immediately So have 2 option, 1. to proceed with existing 3 case 2. Accept the amicable settlement from the tenet and sit silently for 1.5 years and wait what happens next. Request for your suggestion, or if any other better solution. Thanks, V. Sriram
Asked 7 years ago in Property Law
Religion: Hindu
6 Answers
1) don't bow down to blackmail tactics of the licence
2) continue with the existing cases
3) let the licence appeal to SC if he wants
4) you will be able to evict him and recover penal rent too
Sir, thanks for quick reply, is there any way i can stop him from going for appeal again and again. any other ways to speedup the process. Thanks, V. Sriram
Asked 7 years ago
You cannot stop the defendant from filing appeal
2) if lawyer goes in appeal till SC even he will ha e toincur litigaion costs
3) further will have to pay penal rent as per agreement
4) continue with your eviction suit
5) at most by way of settlement you can give him 3 months time to vacate the premises
You cannot stop him from filing an appeal or adopt his other corrective remedies against the judgment of the lower court. He can marry the matter in appeal right up to Supreme Court.
Your situation is really a concern.
The litigation no doubt will take a few years to get disposed but that is the only option before you now.
The tenant being an advocate may deploy all types of delaying tactics but you should remember that he is not above law hence you do not have to budge to any pressure or any agreement which is supporting his position alone.
If the tenant is agreeing to pay the arrears of rent then you can think of considering his request, if not then there is no guarantee that he will vacate even after one and half years later.
The default in rental payment is a strong ground for eviction, you my pursue the case through another advocate if this one is not cooperating properly
Sir, thanks for quick reply, is there any way i can stop him from going for appeal again and again.
any other ways to speedup the process.
You cannot stop him from preferring an appeal because it is his right, but you can always challenge the same properly, the appeal cases are disposed very soon, generally.