Legal Question in Landlord & Tenant Law in India

tenent refusing to vacate

my son rented his house about 4 years back and when the tenent was asked to vacate he moved the court and obtained interim injunctionand on the strength of the orders he is preventing my entry in the house is it correct.

2.he is very irregular in paying the rent and also skips payment if so can i refuse the rent

3.he has demolished the compound wall and doing altrations in the house. can i move the court for stay order.

4.my son and i have no houses and my daughters are having their own house. inwhat way it will help the tenent t continue.without vacating

5.many supreme court judgements appeared in the news paper and such clippings are valid in the court or not.

can this case be converted into criminal case as breach of trust,forcibly occopying others property and criminal conspiracy kindly reply please justice delayed is justice denied as such can i move the high court

can i argue in the court as ghting for justice is the constitutional right

kindly reply please


Asked on 6/17/09, 5:05 am

2 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: tenent refusing to vacate

I suggest you to approach competent civil court with all the evidence you have of alteration and non payment of rent. and pray the court for eviction of the tenant.

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Answered on 6/18/09, 5:48 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: tenent refusing to vacate

(a) A criminal complaint about breach of trust, forcible occupation, criminal conspiracy, etc., on account of non-vacation of house, may not be made out;

(b) You are free to move the High court and argue your case in person; though courts prefer representations through a lawyer.

(c) In the case filed by him, you may seek vacation / modification of the injunction on the ground of non-payment of rent; you may also seek an injunction against him from the alleged modification of the house;

(d) You may consult a local lawyer for filing eviction petition against the tenant as per laws of your State; and during pendency of that petition the court may direct the tenant to make payment of rent regularly.

You may thus engage a local lawyer for pursuing your remedies in accordance with law.

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Answered on 6/17/09, 5:59 am


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