How to vacate Monthly rent tenant
Aftab Bharmal
(Querist) 28 September 2010
This query is : Resolved
We had given a open land for doing some business to a neighbor around in 1970's the business went well and they started paying a monthly rent and took signatures of my grandmom,
Now as time passed they have constructed walls, even taken electricity and other constructions without our concern,
The rent is mere 15/mnth. and they are paying it in court as we do not want them as tenant at all.
1) What can be done to the construction they have made without our concern.
2) Important one!! How can we vacate such tenants. . ? how long would it take as they are not ready to vacate it at any cost.
Thanks
Aftab
ESTHERPRIYA
(Expert) 28 September 2010
All that you need is to present a petition in court for eviction under rent control act and ask them for eviction and to vacate them for your own personal usage or for such other valid one where you can win the case. So for this you have to contact an advocate to come out of this problem and he will file the eviction petition to evict him. The important issue is that you need to pay for the developments made by them in your property or else you can even dispute it that they have not consented you or the court to make the construcitons. The court proceedings has many difficulties and the time period cannot be committed by any advocate. Only thing which can be committed is that from the date of the petition, your right over your property is well protected in all means.
Aftab Bharmal
(Querist) 28 September 2010
Thanks. Padmapriya,
I had missed out one thing. That my father had filed a lawsuit against them which lasted from 1990-2008 . IN which we had claimed that they arent the tenants. and they were never given the place as tenants.
Which we lost - due to an oral statement in court by my great uncle that they are the tenants. - Moreover My uncle in another case Have given a statement that what he said was false (He's a f.. liar in all means)
But as the results of such cases are unknown and would like to know . Why has't been there any timeline. or should the place be sealed till there is any judgement. as i would prefer that the property should be of no use to tenant till the case preceedings keeps going.
Any way to get such a stay order ?
Its not a residential plot.. It was a open plot given for doing some business.
There is no rent/lease agreement.
My gradmom wasn't a literate and they have exploited that fact. and taken her. signatures(thumb impression) .
Its a not at all viable to go for such long proceeding in court.
if i want to build a residence over there it would take 20 yrs. to start construction. ????
Got thousand of question. but cant keep running around the court have to earn my bread too
