Smita Pani: Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

Friday 29 July 2016

Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

There are many such cases. We had a tenant who paid the same rent for 14 yrs and refused to vacate even though he knew that my mother was not able to go up the stairs. We approached the court but of no use. After 5 yrs in court, the tenant sent word through our lawyer that he would vacate if we give him 5 lakhs cash. We had no choice and accepted to pay. He vacated the house after receiving the money. Thats what a court can do to an owner of a house. Is it not said that a fool builds a house and an intelligent man occupies it!! Thats life!!

From: "kumar jayant junjunu99@yahoo.com [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com>
To: worldmalayaliclub@yahoogroups.com
Sent: Friday, 29 July 2016 1:35 PM
Subject: Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

I had a similar experience 19 years ago. We live in an apartment complex of 12 apartment. The builder had violated the building plan and built 13 apartments and given the 13th to his General Manager as his residence. We made an appeal to the builder to vacate the premises, but he refused and told us to go to court. I was the Secretary of the Association then. We discussed this in the association meeting and requested the illegal tenant to vacate but he refused saying the apartment belonged to his Company and he also refused to pay the electricity bill and the water bill which we were paying.

We decided to take action within the law. One day when he and his family had gone for a wedding to Chennai, we informed the local police station about the case and showed them also the plans and the unauthorised construction and the refusal to vacate. We removed a open window(not broken open) got in unlocked the door, loaded all his things which included all his books of accounts and sent it to a farm of a friend 20 km away. We repainted the inside of the apartment, changed the lock and locked it. When the tenant came back, he wanted to know how the lock was changed. We just kept quiet. He went to the local police station and complained. They accepted his complaint and told him to produce proof of residence along with the property tax receipt and last electricity and water bill paid by him. He was unable to do it. The builder called us and threatened us and we told him to go to the police and court. We also told him all his account books are being given to the police. Since this contained a lot of black money payment, he begged us not to do it and he told him employee to apologise and not trouble us anymore. We gave back all the belongings of the employee and told him to get lost.

The apartment is now the property of our association and is fetching us a rent of Rs.7000/- a month.

Sometimes, we do not have to break the law, but only circumvent the law. The law is an ass and lawyers are asses.

From: "Narayanaswamy Subramanian s_narayanaswamy@yahoo.com [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com>
To: worldmalayaliclub@yahoogroups.com
Sent: Thursday, July 28, 2016 7:17 AM
Subject: Re: [World Malayali Club] EVICTION OF TENANT WHO IS NEITHER PAYING RENT NOR VACATING.

This is blatant mass-defamation of the judiciary and of the legal profession as a whole, for which T N Parthasarathy should be sent to prison for life.

 On Thursday, July 28, 2016 7:53 AM, "T N Parthasarathy tnp164@ymail.com [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com> wrote:

Be careful while selecting the lawyer. Nowadays
the lawyer appointed by us get in touch with the
opposite party lawyer and make a deal between them 
to make money. Judges are also in collusion with 
lawyers depending upon how much is paid. So be careful, very very careful. 

On 20-Jul-2016, at 7:16 pm, "guruprasad prasad guru_gem48@yahoo.co.in [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com> wrote:

 GOOD  MORNING  MY   YAHOOITES,

i AM A 70 YEAR  YOUNG CITIZEN FROM  KARNATAKA.. i HAVE LET OUT MY  HOUSE TO A TENANT  WHO HAS STOPPED PAYING RENT AND NOT VACATING . i HAVE FILED A SUIT. THE JUDGE AFTER 15 MONTHS OF ARDUOUS BATTLE HAS AVERRED THAT SINCE THE CASE IS NOT UNDER h.r.c.(hOUSE rENT CONTROL) LAWS AND SINCE THE LEASE PERIOD HAS EXPIRED  NO ORDER CAN BE PASSED FOR PAYMENT OF RENT IN TO THE COURT.  iT IS FURTHER SAID THAT MY REMEDIES LIES IN SEEKING  DAMAGES WHICH IS AFTER THE CASE IS DECIDED.

THE LEASE EXPIRED 24 MONTHS BACK.  TtHE DEFAULT IS FOR OVER 24 MONTHS. THE CASE HAS RUN FOR 15 MONTHS.  i  DEPEND ON RENT FOR  MY LIVING.  iF I HAVE TO WAIT FOR  DAMAGES WHICH MAY  REACH ME AFTER 20 FURTHER MONTHS OF COURT PROCEDURE, WHAT ABOUT MY LIVING ? AND THEN WHAT IS THE GUARANTEE THAT  THE  DEFAULTING TENANT  WILL  NOT GO FOR APPEAL. 

ARE TENANCY LAWS ARE FOR THE BENEFIT, THAT TOO OF ILLEGAL OCCUPANTS ONLY ?.  ARE THERE  NOT ANY REMEDIES UNDER SUCH CIRCUMSTANCES FOR A HAPLESS OWNER ? FURTHER WHAT DIFFERENCE IT MAKES TO A  ARBITRATOR IF THE SUIT IS UNDER  H..R. C. LAWS OR NOT. THE BASIC  GRIEVANCE IS ABOUT NOT GETTING RENT PAID. 

CAN ANY ONE OF YOUR READERS HELP ME BY SUGGESTING WAYS AND MEANS TO GET OVER LEGALLY .

REGARDS,

YOURS DESPERATELY,

GURUPRASAD.