How to get property back from Tenant?
SHAAN.......
(Querist) 04 January 2009
This query is : Resolved
We have couple of shops at our hometown which is Karnal Distt. in Haryana state. One shop is given at rent from my Grand-father time to the tenant & from that time the shop is with him. After the person to whom shop was given his son was using the shop & now farther his sons are ready to work in our shop. Now we want our shop to free from tenant. Can any one please advice what type of case we should file in the court for this purpose & what step should we take on before filing case?
The building is very old and was build in 1949. It was given on rent in year 1974. Before this we have done a sub-let case in 1984 or so, In which we won at Session Court but Lose at High Court and Supereme Court didn't take the case. After that we did the case only for increasing the rent.
My Father has the property on his name & he has two sons one is me other is doing MBA. So, Can any body advice on this case.
Thanks in Advance.
Kiran Kumar
(Expert) 05 January 2009
well a very good case can be made out for u.....one of the most important ground is Bonafide Necessasity or Personal Necessasity of the landlord which includes the needs of his/her children...the second ground in ur case can be dilapidated condition of the property.
for all this u need to file an ejectment petition before the rent controller...for details u may call me any time.
Kiran Kumar
Advocate,
P&H High Court, Chandigarh,
09814303538
RAKHI BUDHIRAJA ADVOCATE
(Expert) 05 January 2009
U can file a suit for eviction only on the sole & most important ground, which is bonafide Necessasity or Personal Necessasity of the landlord which includes the needs of his/her children. For more querries n help u can contact me at: rakhibudhiraja@gmail.com
Mb.-09711364956
Off.-Budhiraja @ Associates
Legal Advisors & Solicitors
DELHI HIGH COURT
253, aggarwal Shopping complex,
CD-Block, Pitampura, Delhi-110088
rupareliya
(Expert) 05 January 2009
I M TOTALY AGREE WITH RAKHI BUT BEFORE FILLING EVICTION SUIT U HAVE TO GIVE NOTICE TO UNDER SEC.105 TO 108 READ IT U MAY FAILD TO GET RESULT IF U DONT GIVE NOTICE OF 15 DAYS TO THE TENANT
U MAY CALL ME
9428086779
