VACATION OF SHOPS
Hardeep Singh
(Querist) 05 September 2009
This query is : Resolved
MY GRANDFATHER GAVE TWO SHOPS ON RENT ABOUT 35 YRS BACK. NOW I AM THE PRESENT OWNER OF BOTH SHOPS. I WANT MY SHOPS TO BE VACATED BY THEM. BUT THEY ARE REFUSING THE SAME. I AM A CENTRAL GOVT. EMPLOYEE (INDIAN RAILWAY). I WANT TO TAKE VOLUNTEER RETIREMENT AFTER 02 YRS AND THEN MY SERVICE WILL BE 20 YRS.
Q.NO.(1) CAN I FILE A CASE FOR VACATION OF MY SHOPS ON THE BASIS OF RETIREMENT THAT I WANT TO DO SOME BUSINESS IN THESE SHOPS AFTER RETIREMENT ?
Q.NO. (2) IS THERE ANY OTHER REMEDY TO VACATE THE SAME ?
IT IS ALSO INTIMATED THAT THESE ARE FLAT-CUM-SHOPS.
PLEASE HELP.....
Raj Kumar Makkad
(Expert) 05 September 2009
Urban Rent Control & Eviction Act permits you to get your shops-cum-flat vacated showing your own need. Your ground of vacation is a solid ground and rent petition shall be a success.
Kiran Kumar
(Expert) 05 September 2009
Hardeep Ji, personal necessasity is the best ground for getting the shop evicted.
i dont know in which state u are living, but my suggestion is u can file petition on the basis bonafide/ personal necessasity.
i know the tenants cause harrasment, if u intend to do out of court settlement even then its good.
but if u wish to go for litigationn then it may take 4-5 years, but u r having time.
nature of property for ur purpose does not matter.
take help of local lawyer as soon as possible.
n.k.sarin
(Expert) 05 September 2009
Mr. Kiran kumar is rightly advised.Default in rent payment is also a good ground to get vacate the said shop.
