Naman Agarwal (studying) 06 June 2012

Tenancy at will

Respected Sir,

in 1971 we rented our shop located in Ahmedabad Gujarat to a patnership firm "AB", the written agreement of 1971 indicates " Tenancy At Will"and one month notice period , Now in 1985 both Partners got Seprated and Only B was left, No written Agreement was made in 1985 and the same continued, payement recived regularly through cheque of 100 Rs monthly.. From 1981 till date B has the Posesion of the Shop.I badly need the Shop back as i am in huge financial crisis and that to quickly. I humbly request all Estemed and Highly Knowledable Professionals to please guide a way . I would be highly obliged with your Suggestions, Opions.

Thank a Ton :)

Reply Follow

5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 06 June 2012

It will be long legal battle will need tons of energy and resources.

sri (ceo) 06 June 2012

naman...

tenancy litigation is puss in the boot...

over and above you are sleeping on tenancy... it now involves mess...

it is always better to go for 11 month leave licence and change tenant regularly and never repeat the same tenant...

this goes to court and put forward your sincere appeal...

better to appoint a sincere lawyer who can take quick dates but still i feel it will take a year or two... better compromise with the tenant and settle...

sri (ceo) 06 June 2012

naman...

tenancy litigation is puss in the boot...

over and above you are sleeping on tenancy... it now involves mess...

it is always better to go for 11 month leave licence and change tenant regularly and never repeat the same tenant...

this goes to court and put forward your sincere appeal...

better to appoint a sincere lawyer who can take quick dates but still i feel it will take a year or two... better compromise with the tenant and settle...

(Guest)

Mr. Agarwal,

First understand that vacating a tenant is not an easy task......

Secondly understand your tenant is/are using the premises since last 40+ years.(As far the rules after if any nanent completed 12 years under your tenancy its becomes very difficult to vocate.

The first solution is to make mutual agreement for the said problem.

Second solution you can make an appeal infront of the Ld.Court that you need the premises as your family is growing and immensely required that portion for the familyuse as because no other option left...... Now its upto you present your case......

Regards,

Md Shamshad

Vinod Kumar (Dy. General Manager - Legal) 06 June 2012

Dear Nama,

If the proposed settlement does not materialise, you may file an eviction petition before the Rent Controller. Bonafide requirement has been held as a ground for eviction by the Hon'ble Supreme Court in a case 'Satyawati Sharma v. UOI'. The Court observed-

"ends of justice will be met by striking down the discriminatory portion of Section 14(1)(e) so that the remaining part thereof may read as under :-

"that the premises are required bona fide by the landlord for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable accommodation."

You may engage a good lawyer experienced in Rent Control litigation to file the petition for you.

Regards

Vinod Sharma