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Tenant not willing to vacate premises since 15 years
28-Jan-2023 (In Property Law)
My forefathers gave a commercial property on rent in 1950 on Rs 1500/month rent. It's a huge property with current market rent at Rs 150000/month. We asked these tenants to vacate 15 years back owing to unacceptable rent but they refused, and since then we have been fighting a case in the civil court.
Just a couple of days ago, the civil court gave the judgment in our favor and asked the tenants to vacate the premises. But the tenants are challenging the dispute in the high court.
I am worried that the case will again be stuck for over 15 years with us losing more money on legal expenses while we also don't get rent. The tenants are willing to purchase the property for half the market price. Should I accept this and settle outside court or fight the case for complete ownership.
Request you to advise in the matter
Hello
As soon as they will file the case in High Court., they will challenge the lower Court order.
They will also seek for a stay,
until and unless you will oppose for that stay there will be no benefit to you.,
it is never a bad idea to settle outside the court .,
but coming to the merit of settlement it will always be a dispute that whether there has been any settlement or not and
If in case Opposite Party have any bad thoughts then again you have to fight for that case but then your case might be weaker.
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Adv. Vimal Kumar Pandey
Allahabad | 200+ Answers
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first of all, file a caveat application in the concerned High court so that your are given a prior information whenever the appeal is filed and no stay or interim order is passed in favour of the tenants on their appeal in your absence.
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