Can a 60% owner of property file a case for eviction on grounds of bonafide requirement.
faisal
(Querist) 07 April 2015
This query is : Resolved
I have a flat on the 2nd flr of a 5 storeyed building, one flat adjacent to us is recently purchased by our landlord, there are total 2 flats on this floor.This building is owned by landlord and another party in 60% and 40% respectively. The other party is against the landlord because of his nature and malpractices, My question is can this landlord file a suit for eviction on the grounds of bonafide requirement ? what role the other 40% owner can play in this case ? can he stop the eviction ? Both the owners have shops below the building.
I and my mother stay in our flat this flat belongs to my late grandfather who died in 2001 i am 36 yr old and residing here since birth, my mother is 65 years old and she is also residing here since 37 years, i am a teacher by profession and teach students at this flat.
Devajyoti Barman
(Expert) 07 April 2015
Yes, co-shaer can very well file suit for eviction even without making the co sharer party to the suit.
If it is filed, fight the suit on merit.
Rajendra K Goyal
(Expert) 08 April 2015
If both owners are not in good terms, try to get rent receipt from another co-owner after negotiation.
T. Kalaiselvan, Advocate 
(Expert) 12 April 2015
You have not stated that you are staying as tenants but have stated that you have a flat there, so if you have a flat who asked you to vacate? Who is the owner of your flat? who issues the rental receipts? Have you received the notice for vacating the flat? or whether the query is just to clarify of an event in future?
faisal
(Querist) 12 April 2015
sir, my late grandfather took this flat on rent 40 years back, i am his legal heir along with other relatives, currently only i stay here with my mother and run a tution classes, with landlords verbal consent, this landlord is 50-60% owner of this building and the rest 40% is owned by another party.The landlord didnt took rent from last 11 years from all residential tenants because of his case with other 40% owner of the property, but in last december suddenly he called me and demanded rent on commercial basis for 11 years,i said u had given me permission verbally in the past, he replied that property taxes have increased and he has to pay penalty in lakhs of rupees to the municipality so he wants rent from me on commercial basis but will give me residential rent receipt, in due course he purchased a flat beside me. on the other hand the 40% owner filed a suit on landlords(60%owners) son who had bought a flat on 3rd floor few years back and demanded 40% of 1/3 of the sale value as his share for changing rent receipt which they have agreed to pay till july 15, also as per their settlement all taxes and rents upto dec 2014 will be collected and paid by 60% owner and his sons and from 2015 onwards they will appoint a professional person who will collect the rent from all the flats and submit the property taxes on time. i m afraid that since rent upto dec 2014 is being collected by 60% owner who has demanded rent on commercial basis from me and now have purchased a flat beside me he will harass me.
faisal
(Querist) 12 April 2015
sir also pls note that i run a tution classes in this flat since last 10 years.
