Strong proof
anilkumar yadav
(Querist) 01 March 2013
This query is : Resolved
Respected Lawyers
I need a way out to prove in court that my tenant my tenant hasn't opened the shop since last 11 yrs. It's true that he hasn't opened it, and my neighbours won't be cooperative enough to vouch the truth in court and the electricity connection has been disconnected since 2007..Will it be of any use and as soon as he gets the notice of filing the case, he will open the shop..
so before sending the case notice I want to secure a solid proof that he hasn't opened the shop..
Kindly suggest...urgently
adv. rajeev ( rajoo )
(Expert) 02 March 2013
You want to evict the tenent from the shop then issue notice you need not to go for any evidence. It is matter of evidence.
Advocate Bhartesh goyal
(Expert) 02 March 2013
Disconnection of electicity connection proves that tenant is not using the shop.you may file eviction suit on the ground of non user of shop.Burden to disprove said ground will lie on tenant.
Devajyoti Barman
(Expert) 02 March 2013
The electricity bill would be a vital proof.
Do add your bona fide need as another ground for eviction.
Arvind Singh Chauhan
(Expert) 02 March 2013
Do inquire that whether shop in existence in municipal or other records?
Whether commercial tax or other tax are being paid ?
Disconnection of electricity is also sound proof.
Rest may be proved through oral evidence ?
Raj Kumar Makkad
(Expert) 02 March 2013
In addition to already given suggestions, it shall be better to take photographs of outside of shop clearly showing garbage present there, get appointed a local commission who shall visit the shop and shall make its reports accordingly and shall file it before the court. The commission hsould be got appointed ex-parte.
