Tenancy
Nikhil
(Querist) 14 April 2013
This query is : Resolved
I bought a property in 1993. When i bought it, it had 4 tenants out of which i have settled 2. The remaining 2 are not agreeing to anything. So finally now i have filed a suit for vacating my premises. Now, one of them has a lot of properties on the names of his sons, and also stays with one of his sons in a big bungalow, but still not ready to vacate my premises, he has a residential premises on the top floor of my building. The other has possesion of a shop on ground floor and has a residential premises on 1st floor as per assesment utara of municipality, but he is using the 1st floor space as a godown and storing goods which he sells and not for residential use, and he himself stays elsewhere. They have both been tenants in the building before my purchase, almost for 50 years. So, will that affect my case as i bought the building with the tenants?? Also, in the meanwhile till i get the final vacating orders from the courts can i ask the courts to make the other person use the premises only for residential use and not as godown for storing his goods. On the municipal assessment utara, in front of his name, the 1st floor space is mentioned as residential.
ajay sethi
(Expert) 14 April 2013
since flat had been given for residential purposes only and the tenant is not using said premises for residential purposes you can file suit for eviction . you can take the plea that he has alternative aqccomodation . The landlord is required to prove the fact that the tenant has acquired accommodation; it should be an alternative accommodation and also should be suitable.
Acquisition of residence by any member of the tenant's family will not be declared to be acquisition of house by tenant under Rent Control Act. Therefore, if the tenant has legal right to reside, then only the same would be deemed to be acquisition of residence. It also requires to be proved that the same is suitable to the tenant and also it should be an alternative.
R.K Nanda
(Expert) 14 April 2013
no more to add.
Nikhil
(Querist) 14 April 2013
Thanks Sir. One more small doubt. Now if he has the house in his sons name and i am unable to prove that he does not need the said property, can i atleast force him to stop using that space as godown and use it as residence, remove all his goods, and he may come and reside but not use it for storing goods for his shop. It is a old building and not an apartment so there is no flat. He has shop on ground floor and has started using the 1st floor as godown. But 1st floor is clearly mentioned as residential on the municipal assessment utara. Also you did not answer if my buying the property with the existing tenants will affect my case
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 April 2013
You must do some hard work if you want your property to be vacated.
1) You must hire expert lawyers in the field , also ran type will not do.
2) You can file variety of cases after collecting evidence of actual residence , may be property is in the name of son.
3) Use of residence for commercial purpose is criminal offense in most state rent acts. If it is not there in your State since which is Your State is not known, still it will attract some IPC SECTIONS.
Unless you move on multiple fronts it will take long long battles to get possession.
AND COSTS OF SUCH LEGAL ACTIONS IS NOT CHEAP.Stop going like in veg market bargaining for legal expanses than only you will get results.
ajay sethi
(Expert) 14 April 2013
residential premises cannot be used for commerical purposes as godown .
why you want to buy a property which has tenants ,.unless you are getting property at cheap rates dont buy it
Nikhil
(Querist) 15 April 2013
Dear Sethiji, I am not buying now. I have bought in 1993. I am only saying that since the tenants were already there when i bought it, will that point affect my case in anyways??
Dear Defence Advocate,
I am staying in Maharashtra. Please guide aregarding IPC Sections that can be used.
ajay sethi
(Expert) 15 April 2013
no it wont affect your case
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2013
Experts put time and give advice but this has to be taken as direction only.
If you want results it is essential that you engage an expert advocate in the field.
I am advocate defense so if as landlord you have options so also the tenants. Use of residential property as commercial is offense in Mah rent act.
But there are many provisions where the landlord can be trapped so pl get the local expert advocate for real time solutions.
Nikhil
(Querist) 06 November 2013
Dear Sirs, Now the status of the case is as follows :
1. I have filed and hearing is on.
2. I have found following documents :
His ration card (shows his address elsewhere)
His name in election voters list (shows his address elsewhere)
His gas connection (Shows address elsewhere)
He has voted for last 15yrs from different area.
Now what are my chances of winning??
