Summon for settlement of Issues [Application u/o 39 Rule 1&2 CPC]

I am residing in Dwarka, New Delhi on rent since 2014. The agreement expired in 2015, but we were allowed to live as tenant on our requests. No formal agreement was signed. In December 2016 the landlord gave us final notice to vacate the house. Also threatened to vacate the house. Against this we filed an application to the police to lodge an FIR. No action taken by police. Now I have received summon from Additional District Judge. Landlord has demanded 5 lacs as compensation for not vacating the premises. The landlord has mentioned that he requires the property for self-use. Though the tenancy agreement expired in 2015, still the landlord is accepting rent [through bank] till date. No receipts issues since December 2016. I don’t have any permanent house where I can shift immediately. Please advise. I am not in a position to vacate to house before December 2017, as my mother is a senior citizen [70yrs] and I have two small kids also for whom the schooling would be affected

Answers (5)

188 votes

It should not be a problem at all. The first thing you need to do is to actually appear in court. From then on it is unlikely to be a problem as long as you keep paying the rent cheques in court. It is not.much of an issue. Routine matter

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239 votes

If he is accepting the rent then your tenancy continues till date then definately he can not ask you to vaccate the premises on urgent basis and you can go ahead and contend the matter.Therefore need to look into the case filed by him what exactly he is demanding out of you,Therefore please contact for further details.

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263 votes

If you have received summons for settlement then you must pursue the case and put your version before court. You must consult with an advocate personally on this issue and take immediate action regarding the same

150 votes

File reply to the summon or plaint that you have recieved. Tell the court about your difficulty and also that, you will vacate the same by december, 2017 till then you should be allowed to live in the premises. You can also ask the court that on the present rent we should be allowed to live. Regarding the question of self-use ask the landlord via reply that explain to the xourt exactly what self use he wants. And also, mention his property details in which he resides.

119 votes

For the query you posted, I would suggest the following:

That in such a case you can always challenge his stance and explaning a bona fide reason for the stay, you can live in the rented house for longer period.
For the same you need to brief the facts of the case clearly.

I hope that answers your query.


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