Eviction of Tenants
Yogesh Shastri
(Querist) 20 September 2008
This query is : Resolved
Dear Sir,
1)What Act applies to property which has been occoupied by Tenants for years.
2)Tenants are rich people with other properties whereas Landowners are in need of augumenting their income.
3) Can a suit/application for eviction be filed against Tenants?
Thanks
ARVIND JAIN
(Expert) 20 September 2008
RENT CONTROL ACT. WHERE IS THE PROPERTY SITUATED? YOU HAVE TO FILE EVICTION PETITION UNDER RENT CONTROL ACT OF THE STATE ONLY. QUESTION IS TOO OPEN ENDED.
H. S. Thukral
(Expert) 20 September 2008
Are you talking about residential premises or agriculture land? You have used words 'Landowners' and not Landlords. If it is a residential premise you have to check up whether the state has enacted any rent control act and whether it is applicable to the said premises. If not then civil court shall have juridiction over the matter. There are grounds in a rent control act when eviction petition can be filed. In civil law you can file a suit for possession after following due process. Consult a local lawyer
Kiran Kumar
(Expert) 20 September 2008
hello Yogesh,
Mr. Thukral has given quite a good reply.
Infact it is to be seen where the property is situated and whether there is any Rent Control enactment in the respective state and on what grounds u want eviction from the respective premises.
again advisable consult a local lawyer.
Tribhuwan Pandey
(Expert) 21 September 2008
Dear Mr. yogesh
Mr. Thukral's reply quite right.
If the property is an old building and situated in Municipal area then the Rent Control Act will apply but it depends on the State Act what old buildings come under this Act. If the building is new one then you may file a SCC suit in a civil Court.
In case the property is land or agricultural land then civil/revenue suit lies.
Yogesh Shastri
(Querist) 22 September 2008
Thankyou all for the reply.
The property is in Maharashtra, 180 kms from Mumbai and is within corporation limits.
It is basically open land with shed in some part given for business purpose.
Will consult a local lawyer but do appreciate second opinion on how to go about things.
Thanks once again.
yogesh
