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.

I understand that some tenants overcome this (non payment of rent) by paying a small portion of the rent directly to court which prevent the landlord from taking action. They have to file separate appeals for the arrears. Under the current laws it is very easy for the tenant to harass a landlord but not vice versa unless of course use of gangsters and such muscle power is employed by the land lord.

It is time that the tenancy act is thoroughly revised.

Ravi

From: mailto:worldmalayaliclub@yahoogroups.com

Sent: Friday, July 29, 2016 10:17 AM

To: worldmalayaliclub@yahoogroups.com

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

In Kenya where I am resident the Law is based on English and Indian Law you can go and lock the house and also seize belongings of the tenant not paying the Rent without recourse to the court
This clause should be incorporated in the Tenancy Agreement
I am not a Lawyer by profession but I am sure there must be a way forward to evict the tenant
Also try to give to a Real estate Agent to collect /evict the tenant as these Agents have the connections to Fast track the legal process

Shabbir Taherali Dadabhai
cellphone +254723024308

On Jul 29, 2016 04:36, "'Capt. P.S. Sivankutty' kailasam99@gmail.com [worldmalayaliclub]" <worldmalayaliclub@yahoogroups.com> wrote:

Dear Sir,

why not form a group to put pressure on the government to create rules to look after the

senior citizens?

best regards

Capr Sivankutty

Sent from my iPad

On 22-Jul-2016, at 15:46, potharaju rajabhushanarao rajabhushanarao@gmail.com [worldmalayaliclub] <worldmalayaliclub@yahoogroups.com> wrote:

It is sad to note how our judiciary is functioning. Courts are meant for political bigwigs and MNCs.Ordinary people don't get justice quickly. .Justice delayed is justice denied.There is no preference or priority for cases involving senior citizens.Home some wellwisher advocate will come to your rescue.

On Jul 21, 2016 5:23 AM, "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.