Tenant refusing to vacate
Ramesh Babu N
(Querist) 16 September 2008
This query is : Resolved
One person has been occupying my shop for the last 35 odd years. His business is collecting scrap. He has not paid rent for more than 3 years. The rent paid before that was also a paltry Rs.250/- and that too paid irregularly.
And he has become a nuisance with dumping all the waste material coming to his shop in the drain channel which runs in front of the shop and our house. These waste material blocks the drain and all debris flows out during rainy season causing foul smell and dirty water all over the place.
There is no written agreement with him. He has been promising to move out for the last 6 years. The man has many other shops of his own. Now he is arrogantly saying he will not move out.
My wife is planning to start a stitching centre and we need this shop very badly.
Can someone advise me what sort of action should I take to get this man evacuated?
H. S. Thukral
(Expert) 16 September 2008
Is this shop a part of the house? If it is then file an application for eviction on the grounds of bonafide need and default in payment of rent.
mahesh kumar yadav
(Expert) 16 September 2008
Mahesh Kumar Yadav:
first of all we should file an eviction suit before concerned court, with all documents that your are the owner of the said property, then court will decide the matter and then court will evict him from the shop.
Kiran Kumar
(Expert) 16 September 2008
hello Mr. Ramesh,
i dont know in which state of India u r residing.
pls check whether there is any urban rent restriction Act in your state. if yes then i must inform u that personal necessasity is the best ground to get a property evicted from tenant.
u can get tenant evicted for the personal necessity of any of your family members also.......u r having a good case.
pls consult some local lawyer with all documents and facts.
Tribhuwan Pandey
(Expert) 16 September 2008
you have not mentioned which State you belong.
If your shop/property comes under the Rent Control Act then you may file an application before the Prescribed Authority/Court Concerned for release of the shop under the occupation of your tenant on the ground of bona-fide need and showing that your tenant has many other shops in the same urban area, hence his need not more than you and your hardship is more than your tenant.
If these provisions do not apply on your property you may file Small Cause Courts (SCC)Suit for rent and ejectment by which you can claim rent from the date of default and mense profit.
These are some provisions of law, you should concerned local advocate of your locality who conducts such type cases with all necessary papers and facts, he will advice you better bcoz here facts and position are not clear properly.
Srinivas.B.S.S.T
(Expert) 17 September 2008
I do agree with Sri. Kiran Kumar. If your property is in A.P you can file a petition for eviction under Rent Control Act before the competent Rent Controller. If you plead that you require the premises for your personal use, you will definetly succeed.
arunprakaash.m.
(Expert) 18 September 2008
Refer latest case laws on this point. If the landlord wants the tenentated property for a bonafide use then he can file a eviction suit. Long period of tenancy does not hold any sheild in favour of the tenant.
