Boss2966
Industrial Relations
Sreeram70
Manager

Dear Friends

I need your valuable opinion on the following issue.

Mr. A (Christian, Ex-serviceman), constructed a house and 1 shop (Place for letting it out) in Pondicherry. He occupied the house and he gave the shop to Mr. B (Hindu) who run a Tea Shop in that premise. Around 2 years there was no problem.

When Mr. A asked Mr. B to vacate and he needs to occupy as he left the job from Defence. Mr. B has refused to vacate the shop and stopped giving the rent also since last 7 years 8 months and further he started threatening that his father was compelling Mr. B to get converted into Christian otherwise to vacate the premises.

Further Mr. B started claiming that the entire area (Shop and the house) to be given to Mr. B as compensation. (Earlier in 2006 he claimed Rs.3 Lakhs).

Now my question is

1. What is the remedy Mr. A can get?

2. How to get back the shop from Mr. B?

3. Is there any relief he can get to safeguard the property as he is an ex-serviceman?

4. Is there any GO or Act available to safeguard the property of an ex-servicemen.

Your valuable guidance can help the poor Ex-service man to get his hard earned property back.
18th September 2013 From India, Kumbakonam
Dear Client, this is a simple quarrel, and appears to be at its peak... In any case, there are courts and there is law in this country to your friends support, provided your friend must have the original documents of the property. In your posting you have mentioned that earlier in 2006 the tenant had demanded 3lacs, why has he done? what are the claims which he had made? is there any thing that your friend due to the said tenant?? a complete brief in this regard is required to provide you a solution. Now when it comes to the answers to your questions: [A1Q] & [A2Q] there are two remedies to this problem [a] to file a civil suite in the court [b] to settle the matter amicably may be by paying a reasonable amount to the tenant and getting rid of him. [A3Q] & [A4Q] let us please know if the land of the said property is self acquired or is gifted or is allotted under any scheme of the government or military, in such cases your friend must have the allotment letter and other relevant authorization documents in original, then he can make the tenant to vacate the said premises. as far as the GO or act specifically to the Ex-Servicemen, please note that while in service your friend will be under the protection of Military Law, but when retired or resigned he will be a normal citizen of the country. Further it is advised to settle the matter out of court with proper documentation, Option of filing a civil suite is not suggested at the initial stages of attempt to resolve. We will have to keep in mind the time involved in such matters, though it pains but it is the fact. Hence the option of resolving the matter out of court is suggested. further you can contact me on for documentation in case if out of court settlement is opted. Regards, J Sri Ram
20th September 2013 From India, Hyderabad
Dear Sriram
My friend purchased the Plot in Pondicherry in 1992 and constructed a house and a shop in 2003 and let out the shop to the tenant on 2003. He left the service on February 2006 and he planned to open his own business in the said premises which is in front of his house. He asked the tenant to vacate. Here the problem started. He asked for a compensation of Rs.300000/- to vacate otherwise he will file a case against him and his father that they are forcing the tenant to convert his religion lest he will have to vacate the premises. During the entire tenure he paid less than 100000 as rent. Further the tenant stopped to pay the rent for the premises.
20th September 2013 From India, Kumbakonam
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