Share
Tenant Eviction
Question
Hello,
I am reaching out for help regading Evication of my Tenant who is living in our house since July 2018.
The property belongs to my father who used to live in the town Kakinada in Andhrapradesh. It is a 3 storied Building where my Parents live in Ground floor and this portion where my tenant lives is a pent house -1 Bhk
we didnt have any written Lease for his tenancy and it was a oral deed.
The Tenant was paying rent in cash earlier and he was irregular in paying the rent which he used to pay once in 2 months or 3 months.
Last year my Father died in December 2022 and my lone mother is now living with me another city along with me. We occasinally visit our property in Kakinada. In January 2023, we have instructed my Tenant to Vacate his portion, as we want to occupy this portion and Let out our 3BHK portion at ground floor. We have also provided him 3 months of notice period till March 2023. He agreed for this and made us to believe that. However he has not vacated the portion. As we live out of town now, we tried to do call him over phone but he has blocked my contact number and my mothers contact number. When we ask our friends and relatives to go and talk to him, he is using using abusive language and threating them to not come and talk to him regarding Eviction.
In May 2023, I have personally visited him again and asked him about the progress and he again agreed to vacate in a month time, which he didnt honor. Since we dont live at the property regualrly, he is taking the advantage and making us to believe every time that he will vacate. Later he is blocking our phone contact and repeating the same.
In October 2023, I have appeared him personally again and this time he told that he has given advance for a new Property and he is going to vacate by end of November 2023. He even made a phone call to the new Owner and made him to talk with me to give me a belief.
This time, I started staying in the town in our portion and wanted him to evict by end of November 2023. Surprisingly, he has issued us a court notice on 29th November 2023 under civil proceedure 1908, Section 26 and Rule 1 & 2 against my name and my Mothers name, stating that my father gave him for 8 years of Oral lease for a fixed rent of
4000 Rs and claiming that we are asking him to vacate the portion against law. He has also flasely claimed that we are stopping him for peaceful possession by disconnecting Power and water which is completely wrong.
I have a Video recording of him for the Conversations which I had with him between October End to December 1st week. In those conversations, it was recorded that he was always saying that he will handover the property by end of November.
No where he mentioned about his rights nor any problems. After receiving the court notice, I have again asked why he issued that despite commiting for vacating the property and he was acting innocent and claiming that It was the done by Lawyer and he was not aware of the content written inside (as he can not understand english)
He also told that he will withdraw the case. I do have the video recording of the him saying this. It appears that his Words and actions are not reflecting the same.
My 70 Year old mother is saddened by this act of tenant and she got sick. I would like to understand the next steps for countering this situation and I would like to charge him with defamation , charge him damages besides making him to vacate the House at the earliest.
With all the Video recording evidences which I have, what are the possible ways to charge him and how long this type of cases take to resolve in court.
Regards,
KS.
Answer ( 1 )
You are advised to hire a lawyer to defend in the civil suit. Do not let the suit go ex-parte. Since the tenant is not ready to vacate, tomorrow he may come up with another plea that oral WILL was made by your father that he will transfer the property after his death to the tenant and may make false averment of making payment. It is further strongly advised to file an eviction suit giving all the proofs and on the ground of non-payment of rent and bonafide need of the property. The law is in favour of the landlord and once the eviction is decided in your favour, his suit will become infructuous.