Rented property

Querist : Anonymous (Querist) 27 November 2011 This query is : Resolved
I have a Commercial property at Delhi which I had taken on rent intially 46 years back but after 26 years we purchased it from its owner. The poperty had divisions in one of which it was rented since before we were on rent.Such property was and is still unauthorised as per Delhi Norms as such is not in the Registered Property Plan.

We have rent agreement of such tenant with the pevious owner & on another agreement with such previous owner he gave us the authorisation to receive rent from such tenant thereafter. We starting reciving rent from him since then which is Rs 225/-.

In 1990 we started destructing the property but he got a stay order over it. So we filed a case and we won. However since then he has not been paying any then neither we have approached him for such nominal rent as expense of recovery of such rent is more than the rent. Even property tax is more than such rent.

Please guide me how to get rid of such tenant now. Please refer some case in support. Will it be Possible to get rid of such tenant ?

Please HELP

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Raj Kumar Makkad (Expert) 27 November 2011
Supreme Court has recently held that the old tenants shall have to pay rent as per prevailing rents of locality and they cannot be allowed to retain the properties of the landlord at nominal odd and old rates so taking benefit of this verdict you file a petition before the Rent Controller to get eviction of your shop on the basis of personal requirement, arrears of rent and fair rent fixation. You should demand 100 times more rent than you described above.

Rajeev Kumar (Expert) 27 November 2011
Agree with expert

M/s. Y-not legal services (Expert) 27 November 2011
makkad sir, can you give any link about relevent the judgement sir?

I.S.Roy,Advocate (Expert) 27 November 2011
Dear Sir,
what Raj kumar stated it might be correct but please I want to know the citation of such Supreme Court judgement

Devajyoti Barman (Expert) 27 November 2011
Yes I agree with Mr Makkad.

Devajyoti Barman (Expert) 27 November 2011
The decision is-
CIVIL APPEAL NO. 4422 OF 2011
[Arising out of S.L.P. (C) No.6319 of 2007]
Mohammad Ahmad & Anr. ....Appellants
Versus
Atma Ram Chauhan & Ors. ....Respondents

Raj Kumar Makkad (Expert) 28 November 2011
Barman has provided the desired judgement on my behalf. Thanks a lot.

Raj Kumar Makkad (Expert) 28 November 2011
Any person can now use this judgment as desired.

M/s. Y-not legal services (Expert) 28 November 2011
thank you barman sir..

Querist : Anonymous (Querist) 01 December 2011
Thankyou All for such a great response
Though any further suggestion will be fruitful and welcomed

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 December 2011
First of all the tenant as per your own admission is not on your legal property so you have no locus standi.

More ever Tenants protected under rent control act can not be evicted so easily and the above citation is not applicable to them.

Querist : Anonymous (Querist) 02 December 2011
So What is the remedy then

I want that either he increases the rent or he vaccates

What should I do

I am really confused

Please Guide me

Please Help

Querist : Anonymous (Querist) 02 December 2011
Property is legal only small part of it is not as per actual plan approved by MCD
How can I get that shop Cleared
Should I file complaint with MCD that such structure is illegal & should be sealed or what should I do

Querist : Anonymous (Querist) 02 December 2011
Any other case or reference
Please HELP

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