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Tenant not vacating the premises can we apply to HC for faster relief


22-May-2023 (In Landlord/Tenant Law)
We have a flat in chennai which we agreed to sell to the tenant for a fixed price. he paid 33% of the amount upfront saying that he will pay the balance in 3 months. After 6 months he started giving reasons ike that he will not pay for the commom area and all that.However an apartment is bought with common area and also sold with common area. We also had a basic agreement saying that he has paid 33% and will pay the balance in 2 months. We also mentioned in that that we will keep the registration for the sale once he makes the balance. He stopped returning our calls and avoided many time and then the case was filed under RCA. He has a relative working in the lower court of ambattur through whom he managed. Its been 12 yrs he bought our first lawyer and got things managed. Now we have hired a high court lawyer who is following up the case in the lower court Can we move to the higher court for faster relief and also plz suggest a lawyer who is not for sale
Answers (1)

Answer #1
765 votes
Well in the given situation, you can either contact to any lawyer from this website. Also, as he has paid 33% of the consideration and as per the agreement, he was required to pay the rest of the amount within 3 months which was then reduced to 2 months. Now, you can file a civil suit for eviction if he is in the possession of the said property and if not then, you can dishonor the agreement as he already has failed to fulfill his part of the promise which resulted in the breach of Contract. Also, you can also, file a complaint against the previous advocate as he also violated the principles of Bar Council.
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