Eviction of Tenant

Querist : Anonymous (Querist) 26 November 2010 This query is : Resolved
Please Advise.

If landlord is in requirement of his shop back from the tenant's possession. agreement has been excuted 20 years back on a monthly rental basis without any time limit.

Pl. reply what are the provisions under law to get back the possession of shop.as the landlord is having a bonafide requirement.

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Khaleel Ahmed Mohammed (Expert) 26 November 2010
You are advised to consult with your local lawyer. He will guide you the tactics of profession , how to vacate the tenant.

Adv Archana Deshmukh (Expert) 26 November 2010
Every state has its own rent laws. However, bonafide requirement is a good ground for demanding back possession. See the rent law applicable to your state for the provision, consult a local lawyer.

Kiran Kumar (Expert) 26 November 2010
perfectly advised by Adv. Archana :)

Tarun Thakur (Expert) 26 November 2010
A landlord can file eviction petition on following grounds:

1. Non Payment of Rent
2. Building is unfit , unsafe, in dilapidated condition
3. Bonafide need of landlord or his son
4. Nuisance
5. Subletting
6. Misuser or use of property other than purpose rented for.

Your query is regarding the Bonafide requirement..

Now the Hon'ble Supreme court has settled the law in favour of the landlord..

You have to consult a lawyer...

H. S. Thukral (Expert) 26 November 2010
Not only a landlord can get back the premises in case of his bonafide requirement, if he has no suitable alternate accommodation available to meet his needs but a speedy process has also been provided in most of the rent control legislation.

s.subramanian (Expert) 27 November 2010
yes

Advocate. Arunagiri (Expert) 27 November 2010
If you are having a bonafide requirement, you can file a petition under the rent control act praying for evicting the tenant.

Advocate Bhartesh goyal (Expert) 27 November 2010
I agree with Adv Archna

DEFENSE ADVOCATE.-firmaction@g (Expert) 28 November 2010
But only when the hardships are more for the landlord than the tenant ; which has to be proved in court otherwise no eviction possible.

Devajyoti Barman (Expert) 28 November 2010
yes

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