Regarding Eviction order

Querist : Anonymous (Querist) 01 November 2009 This query is : Resolved
Sir, My father is a tenant of a shop since 1961 from owner of a shop. and owner of shop is the tenant of such land. he 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. it means my father is in possession of such shop. so please anyone can told me that how I will obtain a eviction decree against the owner of shop. please advice me and give me any citation if any. sunildatta akole, Bhusawal.

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adv. rajeev ( rajoo ) (Expert) 02 November 2009
You will have to file suit for possession showing genuine grounds. Before filing the suit you will to issue a notice under u/s 106 of the Trnasfer of property Act.
Ur father was the lease holder of the previous owner he is not your tenant and there is no agreement with you.

Raj Kumar Makkad (Expert) 02 November 2009
Your father is not owner of the shop. His possession over the shop is by way of his tenancy and a tenant can be evicted by landlord through eviction petition to be filed before Rent Controller on the grounds mentioned in the petition. The best ground is personal necessity. Your father was never lease-holder as wrongly described by Rajeev.

Querist : Anonymous (Querist) 09 November 2009
Thanks for your advice. but i want to know that if my father is tenant of shop and though we are in possession of that property today. then what I can do now? can i file a suit against the shop owner? or against shop owner & my father? and also please clarify that on what ground I can proceed against the shop owner or my father.
It is also specify that, the land is given on rent of 999 years to the shop owner? So on what ground I can claim for possession?

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