Advocate Sunil Kumar Gautam

Questions Answered by Advocate Sunil Kumar Gautam

Q: Tenant not paying the rent & is neither vacating house after request

I rented a two room set on 2nd floor of my house from 10 Dec 16 to a tenant for a monthly rent of Rs 10000/- per month with water and electricity charges extra at actual. Notary attested rent agreement for 11 months was signed on a stamp paper of Rs 100/-. Now rent for the months of Feb and Mar 17 is due but tenant is not paying it. I have told him to pay the rent number of times but he is only giving dates for payment but not fulfilling. I told him to vacate the house but he is not listneing. In Feb 17 he gave a cheque of Rs 10000/- issued by someone else where tenant is working with but it was dishonoured. After lot of efforts he himself issued a cheque of Rs 20000/- but that also was dishonoured. Both the cheques were dishonoured due to insufficient balance. Please advise what should I do.

Advocate Sunil Kumar Gautam answered
sir/ma'mfirst i want to know whether there is any clause in the rent agreement that if the tenant not pay the rent for one or two months the landlord can terminate the tenancy and he can get the possession of the tenanted portion. in your case you can terminate the tenancy and ask for possession from the tenant. you can file a case of possession in the court of law.

Q: How can i include other company partners in cheque bounce case

Dear Sir/MadamI have already file a cheque bounce case against a builder who has signed that cheque. But later i realised that that company has other partners also. Can i include those partners now on my case?? If not then im what way i can drag all the partners and make my case strong??

Advocate Sunil Kumar Gautam answered
if the accused is a partnership company then you can make all the partners of the company as accused in section 138 NI ACT petition. but if it is not a company then you can file a suit for recovery and make all the partners as a party in the said suit for recovery.