by adil85 » 23 Jun 2012, 19:22
First ascertain whether your brother used to get any rent receipt as a tenant or not? If not then what was his status there as a resident? Was he a licensee for 11 months? In whose name the electricity bill comes? He has to prove his bonafide first and legal rights to stay there, then the correct suggestion can be given. In any case ask him first to get an order against the land lord under section 144 Code of Criminal Procedure so that there is no breach of peace at the place at the instance of land lord. But do it only when the land lord is too hostile. Do not move to the court of law prematurely against the land lord otherwise it will aggravate the situation as a prestige issue and a lot of money will be spent by both the parties. If there is really a threat of forcible eviction then you will have to obtain civil injunction from the respective court. There is also an alternative. Weigh both the sides. If you can pacify the land lord by increasing rent then do it because litigation will snatch your peace of mind and money both.