Tenant since last 50 years not vacating nor paying rent
Roobesh
(Querist) 30 July 2011
This query is : Resolved
We have a very old house in Ajmer and there are 5 tenants and they are there since approx 50 years, no agreement and the rent is also to the tune of 100-200 Rs per month.
They are neither paying rent nor vacat the premises, when talked they ask 5-10 lacs for the same.
We senta legal notice to them to which also they have not responded.
Please suggest what should we so to get our property vacated from these tenants.
Regards,
Roobesh
Swathi S Bhat
(Expert) 30 July 2011
Sir,
For vacating your tenants, you must prove your relationship i.e., land lord and tenant relationship. You said there is no agreement at all. Then it is difficult to prove your case before the court. Well, whether you are issuing any receipt to your tenants for paying rent? Or is there any documentary proof?
Advocate Rajkumarlaxman
(Expert) 30 July 2011
if you have sent legasl notice and have not replied for the same then the allegations put forward by you survive that menas they accept that they are the tenants of the place. so now move forward for eviction proceedings as defaulter of payment of rent by the tenants. i suppose you have mentioned in your notice that they are defaulters of payemnt of rent. file the case. you have good grounds for eviction also
Advocate Rajkumarlaxman
(Expert) 30 July 2011
the question raised by our expert is also true but as they have not replied that itself shows their acceptance as tenants.
Advocate Rajkumarlaxman
(Expert) 30 July 2011
For vacating your tenants, you must prove your relationship i.e., land lord and tenant relationship. You said there is no agreement at all. Then it is difficult to prove your case before the court. Well, whether you are issuing any receipt to your tenants for paying rent? Or is there any documentary proof?
the question raised by our expert is also true but as they have not replied that itself shows their acceptance as tenants.
Roobesh
(Querist) 30 July 2011
Thanks for your advice sir,
Any idea how much time does this eviction process takes, I was planning to get them served 1 more notice, attaching for your reference, this also sumarises the complete story.
Only 1 page bulleted document, please advice wheather I should send this in my personal capacity (as land owner) or legal notice.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 July 2011
No eviction possible in normal circumstances in your lifetime since such matters goes upto SC and thereafter even eviction proceedings go upto SC.
prabhakar singh
(Expert) 30 July 2011
Expert JSKN is right as in India time is never the essence of dispute.Those who feel they must always settle in-terse,hot/or cold.
M V Gupta
(Expert) 31 July 2011
Default in payment of rents is a good ground for eviction of tenants. As this is rent control matter it will go before the collector or the civil court having jurisdiction in rent matters. It may however take around 4 to 5 years time depending upon pendency of old cases in the court. I feel u should not be discouraged by the time factor. if u do not file the suit for eviction u will not be solving ur problem.As regards proof of tenancy you can prove the same by rent receipts issued by you and other oral evidence. Ur lawyer will guide u in the matter.
Kirti Kar Tripathi
(Expert) 31 July 2011
He is residing for a quite long time. Is there any cogent evidence that he is a tenant. in the absence of any cogent evidence, he has a sound defense of adverse possession. Keep it in mind.
J K Agrawal
(Expert) 01 August 2011
First collect sound evidence that they are tenant. just like give them receipt of current rent, make an agreement that you are forgoing old rent and insist them to continue rant afresh.
Once you have a written proof in your hand that you are owner of property and they are tenant, every thing is in your hands.
You will win the case, later or sooner.
Gulshan Tanwar
(Expert) 01 August 2011
Law is on ur side, as the Hon'ble Supreme Court in its historic judgment dated 13.05.2011 has said about the same situation you are facing, and about adverse possession--- the law had been culled out on 23.09.2009 by the Hon'ble Supreme Court.
