Legal Question in Landlord & Tenant Law in India

to my knowledge, anything written on a white paper has a legal binding, when there are 2 witness signatures to it. But when it comes to a tenancy, we get into an agreement on a 200rs stamp paper along with witness, with a clear definition of notice period to vacate. even though the eviction petition has good purpose to it, it becomes easy for the tenants to violate it, because landlords cannot take a force full possession/recovery.

The tenant by no means is a poor man, as they do a white collor job, well educated, atleast to the extent to understand the loops of tenancy. In this world of services(house broker, packers&movers, home delivery foods), where relocating is no big effort, the intention of the tenant is to delay the petition hearing, and some were after few months, they vacate, making the petition void, as the property is vacated, leaving the landlord with all the pain and expenses.
My question is that since there is a valid agreement, and the tenant is willfully violating the agreement, can he not be punished for the same, once a petition is filed with the court.

Asked on 11/16/11, 6:45 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You are right. However, you need to put forth your views before the appropriate court and wait for decision.

Answered on 11/16/11, 6:33 pm

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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the court will give its decision.

Answered on 11/16/11, 11:41 pm

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