Tenancy case
natasha
(Querist) 11 April 2013
This query is : Resolved
My cousin is a holder of a property inherited to her by 5 generations. It is an undivided property and the mutual partition was due on April 2013.
All the parties mutually decided to ask their tenants to vacate their shops area and premises rented for residential purposes, before the demarkation.
All the tenants obliged except one.
1>this particular tenant is of the same locality and well known to my client's family. He has occupied the shop area for 5 years now, he came to my aunt(cousin's mother, her dad expired long back) and requested for a place to run his shop as his own shop is under construction as their family has given it to a developer.
He said he will vacate the place as soon as the construction is completed.
2> Please note, no agreement was signed between them. And he was asked to pay only the electricity bill and not the rent.
3> When his own shop was ready, he said, he wanted a road side shop, as his one is a retail shop, and the shop he got in his property is not adjacent to the road.(He got a shop in a shopping complex)
He kept on saying i am looking for a shop, i will vacate ur property as soon as i get one.
4> Now, my aunt expired, last June 2012, and as per their family decision to do the mutual partition this April, she has given verbal notice to all her tenants to vacate their tenancy areas by March 2013.
5> My cousin and he has an account in the same bank and branch, and she wanted an introducer, so he helped her and goe her Account and since then started dropping Rs.2000 in that account.
6> This April 1st he said he will vacate the place and hand over the keys, but wanted 7 more days to shift his stuffs. to which my client obliged.
7> He then sent her a court notice an interim injunction order in the name of my cousin.
Now, please advice, what can my cousin do, as she is very young, still studying and without her parents and practically impossible for her to fight an eviction suit, which might take years. Is she will have to pay for an act of kindness by her mother? who didnt own the property, as it was undivided, even if it would have been partitioned, her mother would have got only 1/3rd of her father's property. If laws is on the side of the possessor, what relief does she has? She is yet to get a job and lives in banglore.
Devajyoti Barman
(Expert) 11 April 2013
Without suit for eviction there is no other way out.
Raj Kumar Makkad
(Expert) 11 April 2013
You have posted this query before lawyers and not before the tenant occupying the shop. There is no place for sentiments here. We can suggest only legal way. If social relationship is to be tested, do it away from this post.
No doubt your client is very young and a student and her mother had obliged the tenant to run the shop for some time and now he is misusing his position so better to serve him a notice telling the termination of permissive use of the premises and now he should handover the vacant possession within a period of 15 days of the receipt of the notice failing which file a suit for possession instead of rent petition as he is not a tenant rather a permissive user of the site.
