The legal grounds under which a defaulting tenant can be vacated: is that if any tenant guilty of an act or conduct which is nuisance to other occupiers of the portions in the same building or buildings in the neighbourhood can be forced to vacate as per prevailing law.
In our case, one among eight owners (residents) is willfully creating a nuisance by the way of additional burden to remaining residents (owners or their tenants) by not sharing the expenses towards common facilities but continuing to enjoy all the common facilities.
This is not regarded as a nuisance, although many practical difficulties may be caused owing to the default of the owner concerned. In all such cases, the remedy is to proceed against the person concerned as provided for in the by-laws of the association by instituting a suit or arbitration proceedings, as the case may be, for suitable relief. If there is no registered association, then all the other owners will have to proceed against the person for suitable relief in a Court of Law.