LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SHAAN....... (Freelancer)     04 January 2009

How to get property back from Tenant?

We have couple of shops at our hometown which is Karnal Distt. in Haryana state. One shop is given at rent from my Grand-father time to the tenant & from that time the shop is with him. After the  person to whom shop was given his son was using the shop & now farther his sons are ready to work in our shop. Now we want our shop to free from tenant. Can any one please advice what type of case we should file in the court for this purpose & what step should we take on before filing case?

The building is very old and was build in 1949. It was given on rent in year 1974. Before this we have done a sub-let case in 1984 or so, In which we won at Session Court but Lose at High Court and Supereme Court didn't take the case. After that we did the case only for increasing the rent.
My Father has the property on his name & he has two sons one is me other is doing MBA. So, Can any body advice on this case.
Thanks in Advance.



Learning

 10 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     04 January 2009

 


Dear Shaan,


Your Father along with you can file a case For the Eviction of Tenant  only on the ground of " BONAFIED REQUIREMENT OF THE PREMISES FOR SELF USE".


Consult your Lawyer, with all the documents an discuss with him about Bonafied Requirement of the premises:



  • For your Father, require the premises to start his own business : {But before to file show documentry proof to start business, any document: application of loan for business, or document of existed business if any etc,}

  • For You,  require the premises to start your own business : {But before to file show documentry proof to start business, any document: application of loan for business, etc,}  


 

SHAAN....... (Freelancer)     04 January 2009

Is there any chance on the base of  showing it as a 'C' class building ? The Building is really in bad condition as it is very old?

SHAAN....... (Freelancer)     04 January 2009

Is there any  chance on the base of showing the building as 'C' class ? As the building is really in  a bad condition and also very old.

SHAAN....... (Freelancer)     04 January 2009

Is there any chance on the base of showing the building as a 'C' Class? As the Building is in really bad condition and also very old.

AEJAZ AHMED (Legal Consultant/Lawyer)     05 January 2009

Dear Shaan,


If you want to take chance as stated, they will demand with you either for alternate arrangment or to provide with a shop after the completion of construction of new building,

AEJAZ AHMED (Legal Consultant/Lawyer)     05 January 2009

Dear Shaan,


If you want to take chance as stated, they will demand with you either for alternate arrangment or to provide with a shop after the completion of construction of new building,

sanjeev murthy desai (Advocate)     05 January 2009

Dear Mr. Shan,


absolutely Mr. Aejaz is right, you should file eviction suit  as stated above for your own purpose.


sanjeev desai


 

SHAAN....... (Freelancer)     05 January 2009

So, should i asked my Father to transfer the shop on my name & then file a case that i want to do work in that shop as i have no work and i am graduate and also don't have any other place to do work. Kindly advice on that.

AEJAZ AHMED (Legal Consultant/Lawyer)     05 January 2009

Dear Shaan,


** It is not necessary to transfer the shops on your name.


** Its Not You, Your father itself can file the Eviction Case against the Tenant to Evict him from the Premises.


** If you get transfer the Proprty on your name and afterward file the case against Tenant, then he will take benefit, by representing that, " only with the intention to evict me from the premises they transfered the property on the name of son, neither his son nor the owner of the premises is in bonafied requirement"

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

Yes Md. Ahmed is absolutely right, that can make ur case weak.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register