Sir, you can provide your employment proofs of Jaipur .. Court will consider the fact that now you, working in your own city needs to shift at your place .. However it will not make such a difference, as the case is already in your favour ..2) you can sell your property , but again how the buyer of your property will take possession over it.. If he is okay with the court case you can sell it further , but Accquire his acknowledgment in the agreement that the court case is going on over the property
Eviction suit
Dear Sir, Before two years I have filed eviction suit on my tenant based on non payment of rent for more then 4 month for my property situated at jaipur and the same is under process under season court (arguments is yet to started). In between this period i have shifted to jaipur from my old location delhi and current residing on rent at jaipur as eviction suit are taking time etc.., I request you to kindly clarify my below query :- 1. Can i submit my these additional documents like job relocation papers, new rent agreement of mine [(of jaipur, as i have shifted to jaipur and now i am residing in rented house)] etc in my ongoing eviction suit or is there any other process of the same? and if i add these documents to my ongoing eviction suit then will it take more time. what will be time time saving for me :- should i submit these papers or should i not submit these papers. as already 3 years passed in my eviction suit. 2. is there any law for demand of compensation of the rent which i am paying to my landlord, from tenant as i am living in rented property dispite of my own property in which my tenant lives? 3. i have one room of my property under my procession from beginning and i was using that room from beginning, but now a days my tenant doesnt allow me/ or creates problem to enter in my own house so what should i do in this? 4. if i want to sell my property is there any problem as eviction suit is under process or can i file application to court that i want to sell this property. thanking you
Asked 8 years ago in Property Law
Religion: Hindu
10 Answers
Don't submit these documents now
2) tenant cannot stop you from entering your own house . If room was in your possession and tenant refuses to permit you to enter your house file police complaint against him for criminal intimidation
3) also seek injunction restraining him from disturbing your possession of room
4) you are at liberty to sell your house
1. Filing of the documents mentioned by you will not expedite the case. If you want the case to be expedited then file a writ petition in the High Court for directions to the rent tribunal to decide the matter in a time bound manner say 3-4 months.
2. To recover the compensation from your tenant a separate civil suit for recovery of money will have to be filed.
3. File a FIR under sections 340 for illegal restraint against your tenant for not permitting you to use the room which has not been rented out to him.
4. The sale of property will not be possible at this stage as no prudent prospective buyer will agree to buy a property which is not in entirety in your possession and in respect of which you are locked in a bitter litigation with your tenant.
As stated by you the suit filed by you against your tenant has reached finality and arguments are to commence. Which means evidence of both parties must have been concluded. In this background, if you wish to submit additional documents and amend your prayer in order to seek compensation of the rents currently being paid by you for the rented accommodation at Jaipur, you will need to file application seeking permission to re-open the case and recall the earlier order posting the matter for Arguments, by doing so, you will be permitted to file additional documents and also carrying out the amendment of your plaint to include the prayer for compensation or reimbursement of your rents as well.
In so far as the One Room forming part of the demised premises is concerned, if this does not form part of the rental agreement, you continue to be owner and therefore you can break open the door with help from the local police after filing a complaint against your tenant that he is obstructing your ingress and egress (free movement into and out of your property) to your property.
You will need to intimate to the court that you wish to dispose of the property during the pendency of the suit, otherwise this can go against you.
1. The subsequent developments cannot be included in the ongoing case.
2. You can demand rent from the tenant for the period he is reading in the tenanted property.
3. If that room has not been given on rent then you can very well utilise the same for your own personal purposes.
4. The buyer will not be willing to buy property under litigation.
1. Yes you can submit these documents
2. yes those are known as mesne profit
3. You can file a suit for injunction.
4. no you can not sell a property with is pending litigation. Though you can file a petition in the HC for expediting the case under article 227 of the constitution.
1. Do I am eligible to get compensation of the rents currently being paid by me for the rented accommodation at Jaipur from my tenant, if yes then which one will be more beneficial for me in terms of time – should I add these in my existing suit or should I file separate civil suit. 2. What's the process for writ to high court for directions to the rent tribunal to decide the matter in a time bound manner. 3. If I buy a new home, then will it impact on my existing suit as my present eviction suit were based on non-payment of rents and bonafied requirement of mine. If my tenant comes to know about my new home can he made impact on my existing suit. 4. As stated in my previous question, buyers are ready to buy my house as they are telling after purchasing of home they will forcefully evict the home from tenant so can I go ahead with sell of this property. And if yes then please clarify should I have to inform the court that I am going to sell this property and if yes then what will happen to this ongoing suit will it automatically get cancel? 5. If my tenant comes to know that I am planning to sell this property then can he take court stay on it or not. Thanks & Regards
Asked 8 years ago
1) you can amend your plaint abd seek rent paid by you
2) you have to file writ in HC to obtain orders for expedited hearing
3) don't purchase any new flat now
4) you are at liberty to sell the house . Not necessary to inform court . Buyer steps into seller shoes
5) as long as no stay order has been passed you are at liberty to sell your flat
1. Do I am eligible to get compensation of the rents currently being paid by me for the rented accommodation at Jaipur from my tenant, if yes then which one will be more beneficial for me in terms of time – should I add these in my existing suit or should I file separate civil suit in the same court. 2. What's the process for writ to high court for directions to the rent tribunal to decide the matter in a time bound manner as matter is already 3 years pending in court and now i need this home as i am staying on rent despite of my house. 3. If I buy a new home, then will it impact on my existing suit as my present eviction suit were based on non-payment of rents and bonafied requirement of mine. If my tenant comes to know about my new home can he made impact on my existing suit. 4. As stated in my previous question, buyers are ready to buy my house as they are telling after purchasing of home they will forcefully evict the home from tenant so can I go ahead with sell of this property. And if yes then please clarify should I have to inform the court that I am going to sell this property and if yes then what will happen to this ongoing suit ,will it automatically get cancel, or i have to do something in this? 5. If my tenant comes to know that I am planning to sell this property then can he take court stay on it or not. / or take some court order to not sell this property. Thanks & Regards
Asked 8 years ago
You have to file writ in HC and seek expedited hearing of your case before rent Tribunal
2) expedited hearing would be granted if you are senior citizen
3)don't purchase any flat now . It would impact your existing suit
4) you are at liberty to sell your existing property
5) you don't need to inform court about sale of your property
6) as on date there is no stay order . Hence you can sell your property
Hii, it is the most suitable option to sell your property Is someone is ready to buy on such a condition.. They have not obtained a stay , so you can sell the property.. When you enter in to an agreement with the buyer , withdraw your eviction suit , so that when the use force they will not be having any protection of law..
You can demand rent from the tenant till the time he is residing in that property.
You can file a petition before high court seeking expeditious trial of this case pending over a long period in the trial court.
You dont reveal the purchase of new house by you so soon to anyone.
In general you cannot sell the house property during the pendency of a litigation before court.
He may file an injunction petition on this if he comes to know about this even now.