Legal Question in Civil Rights Law in India

We have a flat in Delhi under joint ownership of my mother, wife and self. This was given on a 11 month lease to tenant for Rs.9000/- which expired and another 11 months lease for the same was signed on same terms and continued. After this expired, there have been requests and delays to vacate and it is now 15 months over that lease. For the past 6 months the tenant is not paying rent (earlier it was cheq. payment) and calls the police (tells them he is being harrassed) when we go and ask for rent.

Please note that the lease agreements of Rs.50/- had not been registered in court or stamped by any notary.

At this time we have served a Lawyer notice indicating termination of tenancy which has not been accepted by them thru' courier or reg post and the regd. post return mail has not come.

Questions:

(a.) How can we evict him. How long does the legal case take on an average. How much should it cost.

(b) How can we protect ourselves from fake police complaints.

(c) Can the Police help us in resolving the issue.

(d) Are we having sufficient grounds to evict him legally based on the type of lease agreement signed.

(e) Since the tenancy has expired, we we right in having water & electrcity services to our flat put on suspension.

(f)I would also like to bring to your kind notice that the tenant caused a similar problem in his earlier occupancy. Can this be used to strengthen our case.

(g)The tenant also has a built up flat in another part of Delhi. ( not sure if that is on rent)

(h)How can we inspect the house to ensure he is maintaining it well.

(i) is there a way we can revover rentals if he just slips away ( we do not stay in that flat)

(j) what documents and data should we keep ready to ensure that the legal case is resolved fast.

(k) Is the Resident's Welfare Association authorised to help in this case.


Asked on 11/25/09, 1:09 pm

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in this situation, you may need to approach the civil court and file a suit for possession against the tenant. the RWA s cannot interfer in such a situation. along with possession, you may also seek the recovery of your dues.

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Answered on 11/26/09, 12:41 am


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