Grounds for eviction when lease is for 999 years
sunildatta akole
(Querist) 27 November 2009
This query is : Resolved
Sir, My father is a tenant of a shop since 1961 which is owned by "A" but he is the tenant of that land. "A" is taken this land on lease for a period of 999 years from the land owner in the year 1960. I have purchased such land from the land owner in the year 2003. Now I am the owner of land and my father is the tenant of such shop. and "A" is the owner of such shop building. it means my father is in possession of such shop.
Now how can I obtained the possession of that property from the shop building owner. whether i can filed a suit even though the shop owner is the leasee of my land for the year 999 years?
Whether I can filed a suit against a shop owner? if yes, on what ground?
Also told me whether it is necessary to give a notice to my father also?
Please advise me and give me any citation regarding it if any.
Please give me advise along with grounds on which i can issue a notice and also file a suit.
Raj Kumar Makkad
(Expert) 28 November 2009
First you tell how you purchase the land before the expiry of lease period ?
whether the owner has terminated the lease-deed under the due notice to A?
If no then your sale-deed has no value before the eyes of law and if yes then you are now owenr of the shop and not landlord.
If you have legally become the owner of the land over which the shop is build then you provide a notice to A to remove his structure over the land duly owned by you within a stipulated time and if he becomes fail then you file a civil suit for possession.
