Tenant got stay order on eviction. I want to do further construction.
I had given my house on rent via 11 month agreement which got expired and was renewed again on mutual terms via another agreement. Now I want to get further construction but the tenant refuses to vacate the house and has not even paid the rent for January.
He has also got a stay order from the court against eviction till June 2014 but I want to start construction immediately. The agreement says I can ask him to vacate by 1 month notice.
What should I do now?
Since the matter has now gone to the court, you have to file the Written Statement and defend the case. In addition, you must also file a counter claim for ejection, damages and mesne profits, and further move an application for setting aside the stay order granted by the Hon'ble court and also another application for regular payment of the rent payable.
We have to see the condition on which the court granted stay after examining the plaint and documents annexed with the plaint. Also whether your property is covered by the rent control law of state also needs to examined.
Please explore any possibilities of mediation through court and if that fails you can expedite the case by appointing a Local Commissioner to conduct evidence which will be faster than evidence being conducted in the civil / trial court.
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