Ancestral house was demolished and reconstructed
Hello, I am owner of the property after my ancestral house was demolished and reconstructed by developer on a 55-45% agreement basis. Everything was fine. I was promised to be alloted within 45% as per said development agreement as per the registered deed. However, we came to know from local Municipality that CC and Possession Letter was issued on 2021 which we still haven't received pending outstanding dues to the developer. So, in other words I have received an entire floor with 2 apartments. Out of them I live in the front and tenant lives in one behind. In the meantime on the other hand without mutation but having paid my property tax from 2021 until now out of my share of quota I rented out the apartment from 2022. The agreement between me and tenant was for 11 months and has been renewed twice until now. However, the rental agreement which expired In January of 2025 could not be renewed as I was out of station and was not available to renew it. Subsequently the agreement expired. Prior to the expiry of the agreement all of a sudden the tenant decided to stop paying monthly dues without notifying. However, after chasing up constantly by phone and e-mail he tells me that due to ongoing litigation which the developer prayed for an injunction against he initiated a civil suit against tenant with me as proforma defendant. Since then taking advantage of the loophole the tenant stopped paying dues. Each and every time whenever I confront my tenant he keeps on repeating since the property is subjudice in other words he is doubting my ownership to the property he says he is unable to pay as long as the litigation against him by landlord is on hold. Plus, when the litigation first arose while I was out of station the competent court did give me only 20 days for response which I was not even made aware of by my then advocate. As, a result I did not have time to challenge with written objection at the initial stage hence an injunction was granted one sided without hearing my side. However, I am completely unsure what to do next and even if I proceed with eviction suit against tenant is it the right time to do so considering the circumstances of the situation right now. Will I even receive anything out of eviction suit considering there is an injunction being put on the property. Please kindly advise me on the same. If anyone can also help me I would like to reach out to them for hiring on behalf of my defense.
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