Tenant refuse to vacate and attacking, how to evict

830 votes

Actually the issue of vacating the tenants differs accordance to the location. So first let me know your location so I can suggest you what to do furthur? And I need to know any agreement has been signed for 3 lakhs consideration.

Advocate A R Rakkesh LawRato

693 votes

HELLO,

For attacking you, you can lodge a complaint with the Police Station. The police will normally expect money from both the parties , irrespective of who is the offended and who is the victim. Then you hve to approach a Lawyer who well versed in RENT CONTROL ACT- CASES. Without loss of time call me fix an appointment for a counselling. I will guide you properly and conduct the case for evicting the tenant. CALL ME.

Advocate B. Sivasubramanian LawRato

623 votes

Problem is A seems to be a civil but the opposite parties activities is a criminal one, so your problem is a civil and criminal one. you can take legal action through civil r criminal choice is yours. (My advise) Mostly you take criminal action automatically your problem will sloved shortly.

As per the agreement the house owner and the opposite party entred a agreement for let out the building for lease the house owner and the opposite party agreed the lease amount of rupees 4 laksh both parties agreed but 3 laksh only pay at the time of agreement forthere the opposite party promised to pay 1 lakhs rupees to the house owner with in 1 month after occupying the house that was mention in the agreement deed also now the opposite party breached the contract it is a offence under section 406 IPC (breach of Trust) And 420 IPC (cheating), opposite party (scolding fleathy language) it is a offences under section 294 b IPC opposite party (beatean the house owner) it is offeances under section 323 IPC the house owner have a right to given complaint before the local police satation for protecting his rights and take the opposite party to criminal steps taking thorough police the problem will slove the opposite party vacate the house shortly

Advocate N Krishna LawRato

885 votes

Sir, If you are in tamilnadu, you should file petition under section 10 of Tamilnadu Buildings and lease rent control act for eviction of your tenant.Since the document executed between you and your tenant mentioned as advance of Rs.3 lakhs only and you get 3 lakhs only but the tenant refused to give another one lakh as agreed by both of you in mutual understanding so in this hour, you claimed the relief of eviction on the ground of denial of title.
But if you are in other state, any special state legislatures is exist for landlord tenant disputes, you filed appropriate petition under the special act.
You can file suit for delivery of possession in a civil court against your tenant and the court fees decided only on the market value of the property.
When the tenant threatening you and likely cause damages to your property means you approach the concerned police station for remedy and the police is likely to file FIR against the tenant based on the facts under section 506(i) (For Criminal Intimidation),294(b) (For Used Obscene words),Mischief any other etc.
You can also seek remedy before the concerned residential judicial magistrate to file private criminal complaint under section 200 of Cr.P.C. against your tenant for appropriate remedy.
I further state that the threatening to life and causing damage to property did by a tenant will come within the ambit of criminal law.
All type of civil cases will be concluded as soon as faster as per the guidelines by Apex Court.
When you filed suit for delivery of possession against your tenant, at that time when the court asked you for deposit of advance amount, you deposit the same in the court account as per direction of court.
Similarly there is a chance of getting injunction order behind your back against you by your tenant, so you need to file caveat petition before the concerned civil court.
With this I concluded my opinion.

Advocate Saravana Kumar LawRato