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What to do if tenant not vacating the house


18-Jul-2023 (In Landlord/Tenant Law)
namaste sir,my problem is i gave my flat for rent on monthly tenancy .she occupied in month of August last year .she gave rent of August and September after that she stopped giving rent telling some one her family met with accident she gave money to him.everymonth same story .she pushed us threatned us we gave police complaint in the month of January.later she said she will vacate on march .she rejected thrice our notices by saying no body is residing in the house .we got wexed we filed eviction suite 15A petition April may was court holidays .on june first hearing next hearing on june next is july everytime she will come to court take next date and going nit given single rupee to us not deposited in court also .now she is claiming without proof she has given liquid cash cash to hand without proofs .may be she will get fake evidence what to do when will get our house back how long it goes.what is the solution my elder daughter marriage fixed we want house for personal use.
Answers (2)

Answer #1
502 votes
This is my response to you:
1. File an FIR under section 352, 406, 420, 447 of the IPC since the activity amounts to criminal trespass from her side;

2. There is section 133 (1) (b) of CRPC, which talks about removal of nuisance. Once you register the FIR then police will investigate and then take action under 107 (2) and 151 (1) of crpc without court's orders;

3. With police help you can evict her and restore the possession in your own hands;

4. In the meantime, ask the court to expedite the process and restore the possession in your hands;

5. You can also take help of the municipal authorities to evict her.

Answer #2
755 votes
Sir/Madam
I believe you have already filed a suit for eviction in the small causes court. File a notice of motion seeking urgent relief of possession of the disputed property for your daughter's marriage.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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