Legal Question in Landlord & Tenant Law in India

I purchased a newly constructed house in semi finished position after taking loan from ICICI Bank in April 2004 in Lucknow. A UP sachiwalaya class 4th employee who has 7 family members ( 3 sons, 2 daughters, 1 putrabadhu and self ).His 2 sons and 2 daughters are also employed with UP state Govt.He approached me very humbly and requested for renting him my partially completed front portion house for 11 month agreement and said that he will vacate the house whenever I will require for finishing further construction work. I rented him the front partially completed portion of the house for 11 months by signing an Agreementon a on a Stamp paper of Rs. 100 .He further requested 11 months extention of agreement period on the plea that his house is under construction in the meantime he will finish the construction of his house and vacate my house,

I accepted his request and extend the agreement for another 11 months by signing on a stamp paper of Rs. 100 with expiry of agreement on 31sth Aug. 2013. In the meantime due to my transfer, I needed this house for shifting of my family to Lucknow . So I started construction work on the back side land of the said house in Feb. 2013 and completed another separate portion of house on the vacant land in April. 2013. During the construction period of backside portion, I requested him to vacate the front portion house which was rented to him partially completed condition but he did not vacate. During construction period the tenant created several problems due to which it was not safe for me to shift my family in the back portion of completed house so on completion of my back portion of separate house, I tried to rent out the same to another person. He resisted the same. But any how I managed to rent out the back portion of house to another person. After completion of agreement period i.e. on 31st August, 2013, I am continuously requesting him to vacate the partially completed front portion of house for completing the same. But instead of vacating the same, he managed stay from the court on false ground from civil court, lucknow. I shall be grateful for guiding and helping me in this case.


Asked on 1/23/14, 8:32 pm

1 Answer from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

you will have to file a suit for possession or vacation of the property as per rent control act. (It depends on the rent as to what would be applicable.) pursue the civil suit and try to get the stay vacated. Without seeing the documents i cannot give substantial advice. for further query contact 9312411481.

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Answered on 1/24/14, 5:53 pm


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