Tenant wont vacate our property
Lalit Choudhary
(Querist) 11 December 2011
This query is : Resolved
Sir, in year 2009, my uncle brought a property situated on the main road.The property had 2 buildings constructed one behind the other.The north block faces towards the main road and has 2 shops on the ground floor and a house above it. The south building is totally non-commercial. The two shops was already rented to a hotel owner. On the day of the purchase, the previous agreement of the hotel owner and the former property owner, didnt expired. So we waited.After the expiration of that agreement we(uncle and the hotel owner)decided to continue the tenancy for 11 months. We had the agreement ready, but due to acceptable reasons(like a kin's death) both the parties couldn't sign on the agreement.However 11 months passed away, we asked him to vacate the property, but he made excuses all the time. For 5 months it continued like that. Finally my uncle got pissed off, and demanded him to immeadiately vacate the property. After 2 days, he filed a case againgst us, saying we threatened him. He obtained an AD-Interim Injunction Order for peaceful procession of the schedule property. In the legal notice we got an attachment of copy of the 11 months agreement, and obiviously there is nobody's signature on it.
Then can such a Injunction order be valid, and also tell me, how can i sue him and how long wil it take to evict him? Please suggest!
Location: Hyderabad,AP.
Devajyoti Barman
(Expert) 11 December 2011
Does your tenant have any rent receipt or documentary proof to show the tenancy.
1.If yes then send a notice of eviction and thereafter file suit for eviction of a tenant .
2.If there is no such documentary proof of rent then send notice and file a suit of eviction of a licensee.
In either way there is no other option but to file a suit for eviction.
Raj Kumar Makkad
(Expert) 11 December 2011
As there is no valid document in favour of tenant establishing his tenancy over the shop so you serve him a legal notice stating therein to vacate the shop as the same is required for your own use. You can get the stay order vacated on this ground alone. After getting the stay order vacated, you should file an eviction petition before Rent Controller.
Chanchal Nag Chowdhury
(Expert) 11 December 2011
Tenancy laws are State laws. Check provisions for eviction locally.
I think U have no option but to proceed against him for eviction. What will be the easiest & best method depends on the provisions of the Tenancy laws as applicable to Hyderabad,AP.
V R SHROFF
(Expert) 11 December 2011
IN PRESENT SUIT, DEFEND YOURSELF, and try to vacate the AD INTERIM INJUNCTION ORDER passed against you. You file COUNTER CLAIM and ask him to vacate the premises.
Check the grounds he claim possession.
LL AGREEMENT do not pass legal possession to licensee, and LEGAL POSSESSION remains with the owner, the licensor only. The licensor / owner have right to enter and use the premises.
You do not accept him as your tenant or even licensee. [ NO RENT] [OR U WILL HAD IT]
file in Senior Division court , a suit for specific performance for eviction on the basis of 11 months, LL AGREEMENT .
Adv. Shroff
11-12-2011
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 December 2011
You said the tenant is in possesion earlier to 2009 so he must have all the proofs of possession and use.
You can negotiate terms of lease , eviction is not easy.
prabhakar singh
(Expert) 11 December 2011
May be the tenancy attached with notice of injunction is not signed,but you admit him a tenant of vendor of your uncle.In any case for worst also his possession shows him your uncle's defacto tenant.In what ever mode you admit him he is in possession then his present suit[in my guess]being for relief that he should not be evicted force fully from shops in question would be granted.
You have not stated in which state the property situate.All most in all states there is urban tenancy laws governing matter of eviction.If such a law is not there then these matters are governed by Transfer of property Act.
Hence my advice is that you should contact
a civil lawyer locally dealing with rent and tenant eviction cases or better let the matter settle amicably unless for some personal need your uncle wants the eviction
as this type of litigation often take too much time.
prabhakar singh
(Expert) 11 December 2011
Thanks for agreeing with me Mr.Makkad.
Guest
(Expert) 12 December 2011
Definitely, you would need to remain in constant touch with some loacal lawyer for consultation from time to time, as cases of vacation by tenants are not normally simple and often take a lot of time.
