Whether Bonafide Reason applies in case of Commercial Property?
Nishant Singhal
(Querist) 28 June 2011
This query is : Resolved
Dear Sir / Mam
I maintain a shop in Model Town. The same shop was taken by me on rent in 1962 and i have been engaged in my trading business on this particular shop since then. The original owner from whom i took this shop died in the year 2005. After that, this property was transferred in the name of his widow who eventually died in 2007. Now his son has filed a case for eviction on the ground that he need the space for his residential purposes since he has two dependent sons, one daughter and a wife. However, his sons are qualified engineers reside outside Delhi and his wife works in a bank. He also has a shop adjacent to the disputed shop which he maintains for his business purposes. He also have first and second floor for his residential purposes.
Please advice...
Regards
Nishant Singhal
AMIT SANKLECHA
(Expert) 29 June 2011
Dear Nishant
The Son of the LAndlord has an Legitimate right over the property, for which he has filed an eviction suit.
Thus irregards the earning capacity of his wife / son / daughter, the right for the same cannot be denied. Even if the suit is failed, you see that you should not fail to pay monthly rent by Money order, even if the house owner is not ready to accept the same.
Also do check the Rent Agreement of the said property.
These types of suits are generally filed to evict hte tenanats, & take a long time to give its decision.
Also get verified the Property Related Documents by an Property Law Experts.
Hope this is Fine
Regards
Amit Sanklecha
URL : www.landlegal.in
