Legal Question in Real Estate Law in

Sir, I own a property financed by one of the pvt sector bank. I had let it out but unfortunately the tenant has not been paying rent. when I asked him to vacate, he has put a civil suit in court seeking injunction against forcible eviction and has made a wrong statemnet that monthly rents ar regularly paid in cash. This civil suit is taking huge time to be heard in the court and the tenant is demanding money to vacate the house. I required your advice for the following (1) Can I stop paying the EMI and let the bank take over the property and auction it? (2) Since the matter is already in the court, can the bank evict him and take possession of the property (3) How will it affect me since the matter is already sub-Judice


Asked on 9/17/10, 7:01 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

You cannot mix the two independent contracts, unless bank was also a party to the tenancy contract. If bank was a party to the tenancy contract, then and then alone you may stop the EMI. the bank has no locus to evict the tenant as there is no relationship of landlord and tenant. You may meanwhile move an application, without prejudice, to receive the future rents so that at tleast you may pay the EMI from now onwards.

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Answered on 9/17/10, 7:07 am


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