Tenants problem

Querist : Anonymous (Querist) 12 December 2011 This query is : Resolved
Dear All,

This is regarding our house situated at old delhi . It has ground floor ,Ist Floor and II floor build up on it. This house was in name of my Father who passed away in 2001 .

The Ground floor and Ist floor is on rent .It was given to two different parties by my father around 30 years back by my father.Ground floor is used as a godown and Ist floor tenant used to be use it as office cum godown .

After my dad passed away ground floor tenant start depositing rent which is nothing but Rs 150/pm (never revised in last 30 years )in the court. After the death of my father we had a word with him that we want this vacant as my brother has no source of income and he want to start some work therein .But tenant said he want 67% of market value to vacant it.After that he started depositing rent in court .We never accepted that.

Ist floor tenant never gave rent for last 15 years. The floor is locked and nobody visited it for last 9-10 years .

The problem is II nd floor toilet sewer is blocked and it would be cleared only when Ist floor sewer would be cleared .We tried level best to get the phone numbers of this tenants but no luck. Now what remedy we have to get our II floor toilet sewer clear up. Can we open the lock of Ist floor ?? Would it be illegal .How to get the sewer work of Ist floor done, without any legal problem .Please suggest.

Apart from this problem ,please suggest if we put case in the court of law for vacant possession of these rented premises what are the chances of our win. How much time will it take. I have a elder brother who is without any work and we desperately want this house to be vacanted for his work.

Regards

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Raj Kumar Makkad (Expert) 13 December 2011
The best remedy for you is to file eviction petition against both the tenants on various grounds but major of them is personal necessity. There are strongest grounds against the tenant of first floor. You should get appointed a local commission who shall inspect the position and shall file its report before the court wherein you want to immediately cleanliness of bathroom of first floor. You should open lock in the presence of the representative appointed by court in this regard only otherwise such defaulter may get benefit of your small lapse.

prabhakar singh (Expert) 14 December 2011
i agree with Expert : raj kumar makkad

Guest (Expert) 14 December 2011
I endorse the opinion of Shri Raj Kumar Makkad.

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