Eviction of My Tenant of My shop
Dhrubajyoti Das
(Querist) 20 June 2016
This query is : Resolved
Sir,
My Dad Haas Rented To A Tenant A shop 20 years ago, now my Father's Age Is near 70 , he is now retired from his private sector job , the agreement with tenant was made. Now my father wants to start a little business at his shop, he send a 3 months legal notice to tenant to leave the shop but the tenant is not replying and refused to leave the rented shop,
My question is An Evacuation case should start. But how long it takes ? I want to know max or minimum time period. And my Father's income is now became zero as he worked in private sector, rent is now 300 as per aggreement .. 20 year ago at the time of agreement the tenant gave 50,000 rs as advance, in 10rs notary paper agreement was made, may i expect a positive result from evacuation case ? Now my Father's only options is that shop for his earnings.
I want to know any legal tricks which will do some favor for my dad to take the shop soon.
May i force the tenant with local friends as the tenant is not very strong.
Thank you ...
P. Venu
(Expert) 21 June 2016
The eviction could be enforced only through the decree from the competent court. Success or failure in the legal action depends upon many a factor. Hence, no definite suggestion is possible. The same considerations apply to duration of the litigation as well.
Rajendra K Goyal
(Expert) 21 June 2016
Try to have amicable settlement. Eviction suit may take 3-5 years or more with uncertain results.
Dhrubajyoti Das
(Querist) 21 June 2016
Thank you for valuable Information, ..
Just one question .. father have filed a Gd against tenant, as he was very aggressive to my dad and he threatened my dad. May i go forva criminal suit help of my lawyer.. can it be a strong court fir, with some tricky offence ipc, so he can facw a warrant.???
Then we can solve it mutually.. ?? And i have already started paying the electriccity bill of the shop myself using net banking before paper bill distribution to tenant .. can i cut electricity as he is not paying ground **? Just sharing some of my thinking to push the tenant with a safe side. Any information regarding this i ll be grateful to you sir, and pardon me for my English..
Dr J C Vashista
(Expert) 23 June 2016
The legal notice has been sent by "some" lawyer, what is his/her opinion/advise?
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