Tenant refuses to pay rent since 23yrs

mohammed ali (Querist) 20 November 2015 This query is : Resolved
Dear
my father gave shops for rent. 1988 there paid till 1992 then Tenant Refuses to Pay Rent since 23yrs now Tenant constructed 1st floor and there are planing to give that on rent to other
what should i do now ?
old rent per shop was Rs50 Permonth ?
atleast can i get Govt rent value or i will get 10% increament
how can i get my rent ? and new Constructed shop in my land on first floor
it been more then 20yrs

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Sudhir Kumar, Advocate (Expert) 21 November 2015
you have to in all probability forget the shop. uninterrupted possession and development for 20+ years without paying rent gives prescriptive title.

He also knows you cannot and will not do anything.

Guest (Expert) 21 November 2015
Your Tenant is taking the maximum advantage who needs a Lesson.First Check All your documents,Pay all the necessary taxes every thing in your name following all the Procedures.Then Transfer it by way of sale to a Trust worthy Person to you Who Could handle the Issue to Vacate the Tenant.

P. Venu

(Expert) 21 November 2015
Approach a Court of Law at the earliest; serve a Lawyer Notice demanding the rent and removal of unauthorised construction without your consent.

A wilful defaulter cannot claim any prescriptive title.

Rajendra K Goyal (Expert) 21 November 2015
Take stay on construction being done without permission of landlord.

File suit for eviction. Rest depends on merits.

K.S.Srinivas (Expert) 23 November 2015
Agreed with Sri P.Venu and Sri Rajendra K Goyal.

Advocate. Arunagiri (Expert) 23 November 2015
File a petition under rent control Act for eviction, for the simple reason of unlawful construction and default in paying rent.

Also, lodge a complaint to the Local civil authority regarding the unlawful construction. Because only the land lord can apply for the approval of construction. If the tenant had constructed, it is unlawful. When the civil authorities come for demolition of the construction, the tenant will come to you for compromise.

Advocate. Arunagiri (Expert) 23 November 2015
Tenant is a tenant always. Even if he had not paid the rent for over 23 years, he can not claim adverse possession.

T. Kalaiselvan, Advocate Online

(Expert) 26 November 2015
Well advised by expert Mr. Arunagiri, you may follow the suggestions made by him.

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