Legal opinion requested, if possible -Tenant Problem

October 29, 2007

Dear Sirs

OUR BRAND NEW FLAT IS RENTED OUT IN 2000 FOR A MEAGURE RS 7000, AS WE WERE STAYING IN ABROAD

2005 - THE RENT WAS INCREASED TO 8000 THEN IN 2006-RS8800

THE LATEST LEASE AGREEMENT IS VALID UPTO JAN-15TH 2008

THE MARKET RENT IN THE AREA IS MORE THAN 16000 FOR THIS FLAT

THE LOW RENT WAS AGREED, AS THE TENANT HAS WANTS TO ATAY ALONE AND, VERBALLY AGREED TO VACATE AT ANY TIME WE ASK HIM TO VACATE

NOW WHEN WE TOLD THE TENANT THAT WE NEEDS THE PREMISES BACK, HE SHOUTS AND ABUSES US AND SAID THAT HE IS NOT GOING TO VACATE & YOU CAN TAKE ANY LEGAL ACTION. SUBSEQUENTLY HE SENT AN ADVOCATE NOTICE TO US THAT HE IS THE LAWFUL TENANT AND PAYING RENT REGULARLY, HE CANNOT VACATE AS HE IS AGED AND THE OWNER (LADY)IS DISTURBING HIS PEACEFUL POSSESSION OF THE FLAT AND HAS THE RIGHT TO STAY EVEN BEYOND THE TENANCY PERIOD

THE TENANT IS A NORTH INDIAN , A CHARTERED ACCOUNTANT AND RUNNING HIS OWN PRACTICE ELSEWHERE. HIS IS DIVORCED, HIS WIFE IS STAYING AWAY FROM HIM. HIS SON WHO IS STAYING WITH HIM IS AN ALCOHOL ADDICT & HIS DAUGHTER IN LAW IS ILLETRATE AND USING VULGUR WORDS & ABUSES ON TELEPHONE

THE LADY OWNER, MAMI, IS AGED 53 AND STAYING WITH HER SICK HUSBAND. THEY WANTS TO RETURN TO THEIR FLAT DUE TO PROXIMITY & CLOSE RELATIVES . SHE DOES NOT OWN ANY OTHER PROPERTY IN HER NAME.

PLEASE ADVISE HOW CAN WE VACATE THE TENANT, WHO IS NOT COOPERATIVE & BETRAYED.

APPRECIATE IF YOU CAN ADVISE ANY OF YOUR EXPERIENCES ON SUCH MATTERS AND CONTACT DETAILS OF ANY KNOWN ADVOCATES

YOUR ASSISTANCE WILL BE KEPT STRICTLY CONFIDENTIAL & NEEDED URGENTLY

FURTHER DETAILS CAN BE FORWARDED TO INTERESTED PERSONS

-- Regards

for sOUNDARY Mami

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