VACATION OF SHOPS
Hardeep Singh
(Querist) 05 October 2009
This query is : Resolved
SIR, MY FRIEND AND I TOOK TWO SHOPS ON RENT FROM SAME/ SINGLE OWNER ABOUT 35 YRS BACK. NOW HE HAS SENT US A COURT NOTICE TO VACATE THESE SHOPS. AS HE IS A CENTRAL GOVT. EMPLOYEE AND GOING TO TAKE RETIREMENT AND WANTED TO DO SOME BUSINESS IN THESE SHOPS. HE HAS OTHER PROPERTY AND AGRICULTURAL LAND ALSO.
(1) CAN HE GET VACATED THESE SHOPS FROM US ON THE BASIS OF RETIREMENT AS HE HAS OTHER SHOPS AND PROPERTY ALSO ?
(2) IS THERE ANY REMEDY TO FIGHT AGAINST HIM ?
R.R. KRISHNAA
(Expert) 05 October 2009
The owner wants to do business in these shops. It is a good and bonafaide ground on the part of the owner to vacate you. The court will definitely consider the requirement of the owner as bonafide requirement. You cannot hold a defence that the owner has other properties and shops.
Raj Kumar Makkad
(Expert) 06 October 2009
Self requirement is a best ground these days to get vacated rented property. How a tenant can advise the owner of a property to do business in his other shops and not in that particular shop? it is the sweet will of owner in which property of his ownership to start business, however, you may contest the eviction petition on the ground that he can do his business, if desired, in his another shop
