Eviction of Tenant
Balaji Bakthavathsal
(Querist) 07 March 2011
This query is : Resolved
A suit was filed in the District Munsif Court with a request to evict the tenant who is running a small shop and doing business. Explaining the the present condition of the house and the need for personal use, the case dragged for about an year. The judge after going through all the formalities and seeing the pathetic condition of the house through the photographs attached with the plaint, intimated that order would be issued in a weeks time. But after a prolonged period, the judge suddently told that the affidavit is not correct as it is coming under the purview of the Rent Control and asked to submit a fresh affidavit. Is it right ? The place is not a city but a small district Headquarters and I feel that it is not coming under the Rent Control Board. Please advice.
adv. rajeev ( rajoo )
(Expert) 07 March 2011
In which state it comes?. The state Rent act will be applicable. please refer it.
Madan Gopal Dasaur
(Expert) 07 March 2011
It is transfer of property Act which is applicable all over India. The process, Forum & grounds of eviction,etc. are provided therein.
Madan Gopal Dasaur
(Expert) 07 March 2011
Further you have to clarify whether the place where shop in question is situated is a place where notification for application of Rent Control Act has been issued .you have to follow the provisions of said act, in the state where your premises are?
Madan Gopal Dasaur
(Expert) 07 March 2011
Further you have to clarify whether the place where shop in question is situated is a place where notification for application of Rent Control Act has been issued .you have to follow the provisions of said act, in the state where your premises are?
G. ARAVINTHAN
(Expert) 08 March 2011
If the property is within municipality or corporation, you need to initiate rent control proceedings only
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 March 2011
Only notice clause in rent acts is as per TP act otherwise all states have rent acts and the same are applicable in all areas of that state.
