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GG   27 April 2016

Commercial property 450sq ft eviction and rent recovery

Hi Friends,

I need your expert advise and help. Situation is like this..
Lease is registered in the sub registrar office..

1. Rent of over 7 lakhs is due for my commercial property.
2. Notice was sent thro advocate and part payment was done next day.
3. Notice of termination was sent.
4. what would be the next steps? Should I get Only eviction or Go for Rent recovery and Eviction?

Also if only eviction approximately how long may the case last?

if both Rent Recovery and Eviction how long would the case go for?

Please help..

 

Thank you

G



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 April 2016

Sir, 

File both the recovery and eviction simentanoulsy .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

T. Kalaiselvan, Advocate (Advocate)     04 May 2016

As advised by my friend learned advocate Mr. Kapil Chandna, you may go for both simultaneously.  The time taken for disposal cannot be predicted.

Well Wisher (analyst)     06 October 2016

I think i can help you with the time taken.

If Arbitration clause in mentioned then this are the following.

1. Send a notice and wait for 60 days before for your tenant to reply if he does not reply or give reply to your notice apply high court cheif justice to appoint an arbitration for you.

2. Time taken by arbitration will be some where aroung 3 to 6 months.

3. The case will start in Arbitration office and that will run for 1 year though court order to complete in 3 6 months no one cares.

4.Once he passed the order in your favour wait 90 days and see if your tenanat is seeking appeal in civil court if he files in civil court to set aside the judgement passed by arbitration then you have to again file counter and case will run for another 1 year if your advocate is very agressive.

5.The teanant will not sit silent he will apply high cour for stay order and he has time for other 60 days and if high court reject the appeal then u r lucky and if he gives stay then again 3 to 4 years in highcourt the case will run.

6. If high court reject the plea then u have to file EP in civil court for for evivition by force , first time the balif will come and check if the tenanat is ready to hand over if not you have to file for lock broken case and he will again come with police and lock break.

7. If rent dues then you have to file another EP for recovery which may take 2 3 years if tenanat has no money or he behaves he has nothing.

This is my story based on that deal with teanant and this is the case on basis of registered aggrement if non registered agreement then god should save you

Vk


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