Legal Question in Landlord & Tenant Law in India

tenant refusing to vacate house and trying to go to court

I let out my house to a person two years ago without any lease deed. In July 2007 I asked him to vacate the house. But he is dilly dallying and when pressing to vacate he is threatening to file a complaint with police alleging that I harassed his wife. Then I filed a complaint with Police to arrange to vacate the house. My tenant appeared before Police with his lawyer. The police made a compromise and an agreement was made to the effect that he will vacate the house within one week from Janaury 2008. Meanwhile I came to know that it is not his real intention to vacate the house and he obtained time so as to prepare for filing a court case against me to prevent vacation of the house by me. Is an agreement made in police station binding on the parties? Can I initiate any action to forcibly get the house vacated by him within this agreed 2 months? How should I act to scuttle his malafide efforts of trying to file a court case praying for s stay on eviction. If so in what way?


Asked on 10/31/07, 2:37 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: tenant refusing to vacate house and trying to go to court

you file case for his eviction but take proper consultation from a lawyer.

dont try to do anything without the consultation from the lawyer.

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Answered on 11/05/07, 2:16 am

Re: tenant refusing to vacate house and trying to go to court

Donot take law in your hand by adopting forcible means.Compromise effected before police is valid, so if necessity arise then firstly sent a legal notice on tenant and then file an eviction case.In case of need contact with details.Professional charges are applicable.

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Answered on 10/31/07, 1:41 pm
Alok Sharma Alok Sharma & Associates

Re: tenant refusing to vacate house and trying to go to court

You have not given details required for answering your querry like rate of rent and the state in which tenanted premises situated. I think you would not be able to obtain possession on the basis of agreement made at police station. I do not even have the opportunity of seeing the said agreement. Kindly give full particulars.

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Answered on 10/31/07, 11:11 pm


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