in Property Law
Asked November 20, 2014

tenants creating trouble

  • 1 Answer

I have filed RCOP in 1997 to evict a tenant on willful default, demolision& construction and act of waste. In fact the petition was filed by my mother since she was maintaining my property: this house property was settled in 1957, when I was 11 years old, by my grandmother (self acquired), registered, unconditional, without reservation to revoke, settlement deed . In Aug. 2006 my mother passed away and I applied to implead. In Nov 2006 from somewhere the tenant got an info that this settlement deed was cancelled thru registered deed in 1958 after 1 ½ year. I was not aware of this cancellation. Whether my mother was aware or not cannot be known since she is no more. Hence the tenant refused to pay rent to me saying I am not the owner and only settlor’s legal heirs are the owner. Hence I filed a suit in 2007 designating him as defendant since he denied my title with a prayer to declare the cancellation as null and void. The Hon’le court declared cancellation as null and voild with cost as prayed for. However RCOP is in proceedings, tenant not paying any rent till date. He is dragging on by filing MP after MP, getting dismissed, going for appeal etc. Now, the tenant who is occupying only a shop in front portion of a larger part of the house which is in dilapidated condition and no body is living except the tenant running his business. I have filed Writ Petition which is numbered, since the house is in bad shape as certified by advocate commissioner’s report and recently cantonment board asked me to demolish since it is in bad shape. Under such circumstances, Cantonment board is planning to widen the road and if done this shop will be demolished automatically for widening the road by 10 ft. I understand the tenant as saying if it happens he will go back side of his shop, take 10 ft and put a tent and continue his business. If he does it what should I do and what are the legal steps I should take. Pl. advise. Thanks and regards, Mohan sai

Answer 1

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Dear Sir, Thank you for the interest taken. I am fine. How are you doing please. Please find my answers in Blue colour. regards, N.Mohan sai Lawfarm Editorial has commented on your question at "what are the legal steps I should take": 1. Which city is this house located in? Reply: Chennai, Tamil Nadu State, India 2. What is the stage in which the RCOP proceedings are pending. Reply:After dismissal of MPs filed respondent is asked to file additional counter if any. To drag on, the respondent is saying would like to go for an appeal; but not taking any steps to file appeal. 3. For which exact reason has the writ been filed. Reply: to direct the respondent (cantonment board) to take necessary steps under Section 320 of the Cantonment Act 2006 to remove or demolish the building at No.104, Butt Road, (Bazaar Road), St. Thomas Mount, Chennai – 600 016, for the safety of the life of the nearby occupants of the above said premises, in compliance to the notice issued under section 297 of the Cantonment Act 2006 4. By the demolition, does he mean that a part of the house is going to be demolished and that the tenant will occupy further area in the remaining building to continue operating?Reply: YES, however most of the house building except the shop portion occupied is demolished. The main structure wall which is common wall for the shop also is cracked and can collapse any time. 5. Has demolition order been issued because of the dilapidation? Reply: YES 6. How long has the tenant been in possession? Reply: Tenant is under tenancy for the last 45 years
Agree Comment 0 Agrees about 7 years ago

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