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eviction

(Querist) 21 August 2010 This query is : Resolved 
my father entered into an an agreement with a tenant to run the shop for 5 years.
no renewal of agreement after that rent paid and receipts issued.
now its 22 years
in the agreement it was said tht the tenant cannot run two businesses in the shop.
1) but now it is found tht he is running two businesses thus violating a clause from the agreement.
2)and i want the shop for myself to run business.
is the ground on option 1 sufficient to evict him or should i go for option 2.
kindly give ur suggestion.
waitin in anticipation.


Kiran Kumar (Expert) 21 August 2010
well u may take both the pleas/ grounds.

the first one is not much stronger ground but the ground of personal necessity is the best one.

consult some local lawyer and find out what legal options are available to you for this purpose.

rent laws fall under state legislation so u ll ve to c the grounds available to you as according to the rent laws applicable to the property in dispute.
Chanchal Nag Chowdhury (Expert) 21 August 2010
File an eviction suit upon service of a valid notice to quit.
Rajeev kulshreshtha (Expert) 21 August 2010
File eviction petition on both grounds specially pressing ground for bona fide necessity according to your states rent law.
DEFENSE ADVOCATE.-firmaction@g (Expert) 21 August 2010
Once the landlord neglected to renew the agreement the tanent becomes statutary tanent and hence protected.

No eviction possible just because the landlord wants to run buisness.

The tanent is at liberty to do any buisness ,landlord has no right to interfere.
s.subramanian (Expert) 21 August 2010
I agree with Mr.Kiran and Mr.Rajeev.
Surrender K Singal (Expert) 23 August 2010
Sub clauses of section 14 as per your State's Act would need to be studied to act
Devajyoti Barman (Expert) 23 August 2010
Yes do advised.


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