tenants creating trouble
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
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