Old tenant not vacating
anurag lodha
(Querist) 27 April 2012
This query is : Resolved
Dear Sir,
Seek an advice on the following matter as detailed:
1. 50 years old tenant. actual tenant X died and now his son Y is there.
2. Building is partly collapsed due to rain and rest is in danger, hence the son Y has taken a shop elsewhere but has filled our shop with bulk packaging of salt to claim that he is still using the shop.
3. He is paying rent by cheque yearly and not monthly as Rs 2000/- per month, whereas the actual market price is around 60000 per month.
4. He is paying all electricity bill on time but for the past 4-5 years has not used electricity at all as he is not using the shop in actual.
5. building is about to collapse, hence he had supported the shop with bamboos and left as is.
6. he had been giving cheques but I have never given him rent receipt
7. I dont thing there is any document of agreement with them.
I seek you suggestion on how to get him vacate the shop legally. If I want to rebuild the building, can I ask him for a shop to be given at market price. I would prefer getting him vacated.
Please connect to me if more information is required.
This building is in a commercial locality in Maharshtra.
ajay sethi
(Expert) 27 April 2012
the property must be worth in crores . when did tenant X die ? was an application amde by son Y for transfer of tenancy in his name?
since he has taken shop elsewhere you cna issue notice and file suit for eviction as he already has another shop .
howver if you want to redevelop building settle with him
anurag lodha
(Querist) 27 April 2012
Hi Sir,
Thanks for such a prompt reply.
Tenant X died 4-5 years back. No such application for transfer of tenancy has been made.
I am not very sure whether he has rented the shop or bought new one elsewhere.
Suhail A.Siddiqui
(Expert) 27 April 2012
Since, your tenant's legal heir is not using premises,you may ask eviction on two grounds one premises is not in use and second build is damaging and can ask fair rent from him trough court.
anurag lodha
(Querist) 27 April 2012
Thanks Mr siddiqui,
But how to prove that they dont use the premises as they have been paying rent yearly. They have dumped the place with salt sacks and can claim that its for godown purpose, though it is never opened in last 3 years.
Can I have your mail ID so that I be in touch in case I wanna ask some query. ( only if you generally allow that means to contact - you can drop me a test mail at anurag.lodha@gmail.com).
Regards,
Anurag
prabhakar singh
(Expert) 29 April 2012
he has been paying rent by cheque then receipts issued or not you by your conduct have treated as your tenant who is heir of your old tenant hence relationship of land lord is established and he can not be evicted unless you have some grounds in law.
One such ground may be that get a notice issued to you by corporation for demolition of building and then file a eviction.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 April 2012
1) No eviction possible in normal course.
2) You are accepting rent but not giving receipts , it will go against you in any legal case.
3) Accepting annual rent so even issue of notice is technical and many seasoned people also goof up on this most imp hurdle.
