Tenant Eviction
vasu
(Querist) 30 August 2010
This query is : Resolved
Sir,
In continuation to my earlier post, I hereby request you to give your suggestion :
Today I have filed a R.C.O.P. against my tenant who has been staying in a shop in a building owned by me for the past 20 years. They are paying the rent of Rs.2000/- per month. Though I have received all the rents I have not issued receipts for the past one year. Based on this I have mentioned that they are in willful default of one year rent and filed the case to recover the sum of Rs.24,000/- and also to vacate them. The tenant came for compromise that as they are not having the receipts for the rents paid, they are even now ready to pay the alledged arrears of rent as asked me and also to give increased rent and increased rental advance. I did not accept the same. I want possession of the shop. How long will it take for me to vacate the tenants. Is there any ways for the tenant to prolong the issue. To what are all the courts can they go for preventing me to vacate them. Can they obtain any stay orders against me. Some people tell that rental law is in favour of tenant. Is that true. What is the ways and means I have to follow for an early settlement of the issue.
TNS
M/s. Y-not legal services
(Expert) 30 August 2010
If you need your property for your own purpose mean you can file the petition before the rent controller court, but you have to prove that you want your property for your own purpose. Suppose if you try to get possession for re commercial purpose mean surely you wil loss your case. I mean if you have merits mean you can evict your tenants. But they can get stay from your illegal evictions. Your thought is wrong that always court wil be favour to tenants only. The true fact is if you evict them illegally mean they only the sufferers. So court wil take care on them.. Thats the true.
adv. rajeev ( rajoo )
(Expert) 30 August 2010
Before filing the suit had you issued the notice u/s 106 of T.P. Act to the tenent informing him that the shop is required for your personal occupation.
To defend your case go thru., Karnatka Rent Act which is recently amended you can get some points.
nitish neilesh sanga
(Expert) 30 August 2010
file the eviction suit before the competent court of law having jurisdiction to determine the eviction suit on the ground of bonafide requirement, personal necessity and also pray for arrear rent and subsequent rent till the disposal of suit.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 August 2010
With due respect of the learned friends who have all the right to have their opinions expressed by them. Please note that :-
1) Non issue of rent reciepts is a criminal offence., and to avoid criminal liability you have to prove why you did not demand rent if it was due.
IN SOME RENT ACTS EVEN DAILY FINE IS PROVIDED FOR NON ISSUE OF RENT RECIEPTS.
2) You can not get eviction on your version of rent detault.
You have to give notice, file a case for eviction for rent default and after appearance of the defendent the court will give him chance to pay unpaid dues.
3) At this stage the tanent can also file an application in the suit of eviction for fixation of standard rent. And if similar shops are rented at less rent the court will refix rent on similarlty.
SO TAKE CARE THE LAWS ARE IN FAVOUR OF THE TANENTS ALL OVER THE COUNTRY.
Surrender K Singal
(Expert) 31 August 2010
It may not be generally true for all the courts to be labelled as favourable to Tenants !
Second default after court finding of first default of non-payment of rent gets the favour of Rent Controller Court to order Eviction as per DRC Act !
Self necessity may also be good reason for seeking eviction with reasonable evidence to show bona fide need for self sustainance and earning livelihood for the landlord's family !
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 September 2010
Not courts by law is in favour of tanents and courts have to abide it.
On the facts of the case no eviction possible in the life time of present owener.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 September 2010
Not courts but law is in favour of tanents and hence courts have to abide by it.
On the facts of the case no eviction possible in the life time of present owner.
