RENT AGGRIMENT

archana rathod (Querist) 12 February 2010 This query is : Resolved
a rent aggriment of a shop in market place
made betn.the owner and tht tenent befor15 yrs the monthely rent is too less in comparing todays marmet rate. now the owner of the shop wants back the shop and want to starts his own bussness. the tenent is not vacating the shop what we shoud do please suggest me the answer

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adv. rajeev ( rajoo ) (Expert) 12 February 2010
First issue legal notice to the tenant u/s 106 of the Transfer of Property act giving him a 15 days time to vacate the shop, if he failed to respond then file a suit for possession.

R.R. KRISHNAA (Expert) 12 February 2010
File a petition for eviction on the ground of requirement of premises for owners occupation.

B K Raghavendra Rao (Expert) 12 February 2010
Look into the terms of the agreement. If there is a provision to take back the shop premises, the owner may issue notice for vacating the shop in accordance with that provision. If the tenant does not vacate, you need to file a suit for eviction and possession.

Raj Kumar Makkad (Expert) 12 February 2010
The opinion of rao is sufficient in the light of quarry.

prakash vathore (Expert) 12 February 2010
i do agree with krishnaa.

Kiran Kumar (Expert) 12 February 2010
i may make a bit of addition too, if there is some Urban Rent Restriction Act available in your state then make use of it, Personal Necessity/ Bonafide Requirement is best of the grounds available with a landlord to seek eviction.

the law is a bit vast in this respect, take help of some local lawyer for details.

Parveen Kr. Aggarwal (Expert) 13 February 2010
From the query it appears that the shop is situated in an urban area. If it so then the Urban Rent Restriction of the concerned State would be applicable and the tenant cannot be evicted except in accordance with the provisions of that Act. Under the provisions of the Urban Rent Restriction Act, you will have to file a petition for eviction of the tenant on the ground of bona fide personal necessity which is available in all such State Acts. Now-a-days the Courts are very liberal in passing orders for eviction of tenants on the ground of bona fide personal necessity.

Parveen Kr. Aggarwal (Expert) 13 February 2010
In addition to the above, if you are interested in enhancement of rent instead of eviction of tenant in that also you will have to file a petition for fixation of fair rent under the provisions of the Urban Rent Restriction Act.

Guest (Expert) 13 February 2010
i am agree with Mr. Rao.

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