Eviction ground

Querist : Anonymous (Querist) 03 November 2009 This query is : Resolved
we have 3 story building in haryana. the groung floor is rented to the tenent. now the tenent is not vacating the house.

I want to know
that my mama ji is living with us from last 15 - 16 years. after his marriage he is living in the 1st floor with his family, on the 2nd floor my father & mother are living. I am living in delhi with my family . I have one married sister living in delhi.If we file a eviction case, can we show my mamaji as our family member. I am planning to shift and live with my parents. But we dont have enough space, this is sufficient ground to get house vacated...??? can anybody help and give me advise / grounds for eviction or some links to related cases.

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Kiran Kumar (Expert) 03 November 2009
dear friend u need not to touch the issue of your mama ji's stay.

tenant is no one to dictate you terms that who should live in your family and who should not.

your own necessasity is best and sufficient ground to eject the tenant out.

m saying all this on the basis of latest judgments of P&H high court and SC as well.

plead your case on the basis of personal necessasity...you will succeed provided your case is presented properly :-)

adv. rajeev ( rajoo ) (Expert) 04 November 2009
on the ground of self use( what Kiran has advised) is good ground to file eviction petition.
you hv to issue notice to the tenent u/s 106 of TP Act before filing the sui, giving time to vacate the house.
This will be suit for possession.

H. S. Thukral (Expert) 04 November 2009
The above advice of Kiran is to be followed in case the premises are covered under Rent Control Act. In case the rent control legislation is not applicable you can terminate the lease and file suit for possession.

Raj Kumar Makkad (Expert) 04 November 2009
No notic is required under section 106 of TP Act as suggested by Rajeev. That notice is required in the matters of license. Here in your case is relationship of tenant and landlord so you should file an Eviction Petition under Urban Rent Control & Eviction Act and personal necessity is the best ground for eviction.

Sachin Bhatia (Expert) 04 November 2009
In an eviction suit personal necessity is the best ground for eviction. There is no need to mention the other family issues in the suit.

Good Luck

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