How to win eviction case against 54 years old tenant
Jayesh b
(Querist) 09 December 2024
This query is : Resolved
54 years old tenant of my father staying (thier children) in my property in mumbai . Its a peice of land / chawl - not a society . No agreement . Reciepts are there but its with tenants . Property card is on my name from 2023 (it was in my fathers name from 1967) . I dont know tenants who they are as i dont have any rent agreement knowledge between them and father if there are any. I came to know about this properrty recently in 2022 using land record search . I got the property transfered in my name in 2023. I started paying property tax of last 8 years as it was due . i transfered the property tax in my name - however light bill are in thier name. They also have ration card and property paid tax reciepts with them which were in name of 1st landlord before to my father i.e 1962 .The original tenant have expired . The original landlord also have expired even my father. Now i am the landlord in revenue records . i have legal agreement copy when my father purchased - i got from registrar by paying fees of 60 rupees using CTS survey number. Currently there are 5 tenants staying (children and relatives of original tenant of my father) . Tenants are saying they dont know my father nor me - however i know they have rent recipets of my father and they visited to my home even 4 years back to purchase property from us. They are not paying any rent currently as they dont know me neither i have any records of reciept of my father collecting rent (may be my father use to collect till 1990 not sure i dont have any evidence).
questions
a) which all acts of maharashtra may go in my(landlord) favour for eviction
b) can i evict them for using property for my bonafied use ?
c) do i need to create succession certificate or letter of adminstration (this is tenancy matter) for court- necessary? Will court accept me as Landlord just on basis of title in Revenue records since 2023?
d) Can i file a complaint of illegal construction (which they have expanded as per BMC records maps) to BMC - will BMC take action . They simply close the request
e) there are 6 submeters from electric supplier -all in names of exisiting tenants . can i transfer into my name now after filing eviction
f) how long this matter may take maximum in civil court - case is already filed in 2023 and is WIP
g) what evidences i have to provide to court to win this case (i only have agreement copies of my father purchase this property and property tax transfer in my name)
h) can i ask court for outstanding rent to be recovered since 1970 till now - if yes how much
i) is this a adverse possession case ?
I have filed a case of gratutity licencee to which they have responded they are tenants of 1st Owner (prior to my Father) . Now i am the 3rd Owner in records . They are denying to recognize my father as 2nd owner where i know they have rent reciept of my father (which year i dont know) which they orally communicated to me once. In Panchnama copy they have accepted that they know my father and in legal response they denied to recognize my father is contradictory
I am interested to know how to make my case strong for eviction in court.
Regards
T. Kalaiselvan, Advocate
(Expert) 09 December 2024
If you have already filed an eviction suit then there's no point in asking for any opinion in furtherance because as the case is going on no new idea or thoughts can be inserted into the case nor any such fancy Idea created out of your whims will be entertained by court.
If you are yet to file an eviction suit then you may consult an experienced lawyer in the local and provide him with evidence in your support to establish the relationship between you and the original owner and the fact that the tenant is enjoying the rented premises and that he is not paying the rent for three years or more besides his unwillingness to enter into a fresh rental agreement etc., as grounds for eviction.
Next time when you write please confine yourself to the subject in a precise manner instead of lengthy and unwanted information while seeking opinions.
Jayesh b
(Querist) 09 December 2024
Thanks - please help on Electricity Bill name change query would be helpful
kavksatyanarayana
(Expert) 09 December 2024
A confusing lengthy story. Is your father alive? How did you get your name on the property? As the tenants don't know you how did you collect the rent?
Jayesh b
(Querist) 09 December 2024
No Father is not alive - The property was in name of my father since 1969 on property card. I transferred it in my name in 2023. I never collected any rent .There is no rent agreement as such neither i have any rent receipts . I am treating them as gratitude licensee
T. Kalaiselvan, Advocate
(Expert) 10 December 2024
You were advised to first issue a legal notice to the tenant communicating to him about your title to the property, holding them for default in monthly rental payment, instructing them to either enter into a new rental agreement with you or to vacate and deliver vacant possession failing which you may file a suit for ejectment to eject them from the property as they are considered as unauthorised occupier or illegal trespasser.
You may consult a local advocate and take necessary steps.
P. Venu
(Expert) 11 December 2024
Having admitted the tenancy under the first owner, the tenants cannot deny the title of the successors in title. Is the tenancy covered by pagadi system?
Any how you are entitled to be paid the rent. As to eviction, it could only be through the process on the grounds as provided under the local Rent Act.
A mere entry in the Municipal Records etc. does not create or destroy right, title and interest in the property.
What do you mean by "I have filed a case of gratutity licencee"
Jayesh b
(Querist) 12 December 2024
i have no clue or any rent agreement papers to say whether it was Pagadi system with first owner or my father.
I have made an entry in Municpal records / Land revenue records transfer from my father (1967)to myself in 2023 - is this OK ? Or do i need to have Succession Certificate or Letter of Administration ?
