old tenant rights

dear Gaurav, every state has its own rent laws, and rent laws so applicable provide for certain grounds for ejectment of tenant from the disputed premises (shop in your case)

mere long tenancy does not give absolute rights to a tenant to occupy the shop......on certain valid grounds as provided by law the landlord can get you evicted.

however, if he is trying to throw you out forcibly then you may file a suit for permanent injunction against him to restrain him from getting the shop vacated forcibly except in due course of law.

but in long run your interest is insecure.......better compromise the matter with him.

There is no permanent right accrue to a tenant even if given pagri.  IT is better to get into any type of compromise with the new owner.  A new owner can file in the ground of own use only after one year of accquistion of the room.  If he is not amenable to any type of settlement, and if he files petition for eviction. you can delay the case for any number of years.  you can make use all legal proceedure to buy time. 

First of all you can deny his title and the rent control petition will be dismissed on denial of title. then the landlord have to  file civil suit before a competent civil court for obtaaining the property on the strenght of title.  In the civil court also you hve the right of a tenant and the court has to find any grounds mentioned in the Act to order eviction even when he (the landlord) establish his title.  (you get atleaset 10 years time in this process)

You can abstain from the proceedings and after an order is passed, you may apply to set aside exparte decree. 

You can apply any type of tricks in the proceedings (The conduct of the tenant in the proceedings cannot be taken against him when deciding the case on merit.   Any of the ground under the rent control act is to be proved to evict the tenant. Hakimuddin Saifi v. Prem Narayan Barchhiha, 1997 (2) RCR 568 MP)

I think Kiran Kumar is right. Bobby mani.. i feel these days courts are very fast in disposing the cases and i dont think it will hardly take 2 to 3 yrs to evict any tenant what ever reasons or grounds he takes.

Most important thing is the person who is doing business will loose lot of time running to courts, tention and oneday for sure he has to vacate. Hey btw.. its the hard earned money of landlord and he cannot be denied his wish on his property.. even if you look at sentiments it will effect the business. The best thing is compromise and live peacefully yaar..find other suitable place  you are just 31 yrs and you have to see good life ahead and not running to courts and paying lawyer fees.

Dear sir

I am a owner of a property & I have a very old tenant at my property. We give him a good offer to leave the property but he is not agree with that.

Now we have a legal suite on them. He is doing all false claim in the court.

Please advise me what will happen next?

All the legal papers are belonging us & he have only one false witness.

I am afraid of this because I am alone & do not have any guardians. The property is came to me from my grand parents to my Father & now to me.

My father expired two year back.

Tenant have three Son & one daughter & he is saying each of the son should get at least 10 guntha & I have total of 63 guntha.

My property is in Raigad area & Under MMRDA region.

They are also claiming for Kulkayda but my property is already released from Kulkayda.

I have Judgment copy in my favor from Collector but still they are troubling me.

Please advice what the worst can happen from this.

Also tell me what will be the rights of the tenant.

I AM 52 YEARS MAN . I AM LIVING IN A 2 BHK FLAT ON MY NAME OWENED. , BUT MY MOTHER IS LIVING IN AN OLD RENT HOUSE OF RS. 50 PER MONTH RENT. FOR 63 YEARS. IF THE LANDLORD REBUILD THE BUILDING  WHAT IS MY RIGHT THERE AFTER MOTHER EXPIRES. THERE IS ANY SOLUTION TO GET THE FLAT THERE ACCORDING TO OLD TENANT ACT. ? 

CAN I SEND MY SON TO STAY THERE WITH  mY MOTHER WILL HE GET THE RENT PROPERTY AFTER MOTHER EXPIRES..?  IF HE HAS HIS NAME IN RATION CARD ?