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nitin binga (head)     07 October 2009

Tenant eviction for reconstruction of shopping complex

 How much time will it take to evict a tenant holding a commercial shop having rent of 4600 in karnataka.agreement is expired long back and we the landlord need it for the demolition of existing shops for reconstruction of shopping complex.licence and demolition certificate for the construction of new complex has been taken from municipality and two months written notice has also been served.Please provide points for speedy eviction



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 7 Replies


(Guest)

Once you served notice to the Tenant, Please follow his advice.

nitin binga (head)     07 October 2009

Thanks Satya.Could you please stress on points that needs to be included in the notice for speedy proceedings.


(Guest)

Dear Nitin ji,

1. Fix date and time for demolition work.

2.No further extension of time for demolition.

3. Don't give any chance to your Tenant to go court.

4. Start your demolition work on saturday evening and complete by sunday night if Tenant treat you.

H. S. Thukral (Lawyer)     08 October 2009

There is nothing which included in the notice would entitle you speedy proceedings. You can evict the tenant by terminating the lease and filing civil suit for ejectment. The law will take its own course. Karnataka Rent Act is not applicable in your case and in case there is no lease period provided in agreement if there is any , you can terminate the lease by simple notice of 15 days and ask for handing over of possession. . In case the tenant does not handover peaceful possession to you as demanded in the notice, file civil suit for ejectment and claim damages for illegal and unauthorised occupation at the market rate. Hire any good advocate to do the job.

1 Like

nitin binga (head)     08 October 2009

 Thanks ,

The tenant has said he wont vacate and instead he has taken an interim injunction from the court today and has said that we are forcing him to vacate by disturbing his business which is absolutely false.We have never did such things.Next week is the hearing, we need to vacate that stay.How to prove that he is making false claims just to delay the process.I am consulting my lawyer.Your tips will help me.

 

H. S. Thukral (Lawyer)     08 October 2009

As advised earlier file suit for ejectment. Injunction is that you will not get him ejected by illegal means, which I presume you donot intend to do. Follow up the case diligently and assist your lawyer so that there is no un necessary adjournments. You have to bear up the process of law. There is no short cut.  

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(Guest)

Now time will take for eviction.  


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