Tenant evict from a commercial property

Eviction not possible., since you have to prove that

1) major changes made without permission and if old your consent was there.

2) Non issue of rent reciepts is crimianl offense.

3) You have to prove that sub letting was done without your permission.

Very defficult task.

many thanks for your immediate response,

As per my post, there is no agreement made between me (land lord) and tenants,

My father had an agreement and it's absolute now.

Last month one of my another lawyer issued a sub rent notice to the sub rented party and also to the tenant.

Tenants removed few windows, doors, and notable damaged walls and floors at few place .

 

Please share your view,.

Actually the laws in india are too weak to protect a  citizen.

 

  The proceeding are  so slow. that Any progressive citizen would prefer to forget the it.

AS the sunny deol movie. court only gives dates, dates, dates, dates, and a judgemetn after 20 years. in the favour of the criminal.. :)   thats indian law.

    Till today  the law of rent are those which were made by britishers to protect there interest , when they came and ruled india. the same are being followed.

    We through out the those people after 190 Yrs of great struggle. and are still following the rules porposed by them after 60 yr of independence.

   IT'S A PITY TO SEE THAT EVEN AFTER BEING LAND LORDS  THE LAW DOESNT HELP THE LANDLORD IN ANY MANNER,

  >> ON SUIT OF EVICTION THE LAW SHOULD STAND BY THE LANDLORD AND GIVE AMONTHS NOTICE TO EVACUATE THE PLACE..    THAT'S CALLED LAW.

  APOSE THAT WHAT OUR GREAT LAW SAYS. FIRST GIVE ONE MONTH NOTICE TO VACANT.

 T THEN FILE A SUITE WHICH WOULD TAKE 142 DAYS.

 THEN KEEPING ON GOING ROUND THE COURT FOR AROUND 10-15-20 /...... YEARS.

AND THEN WHEN YOU REALISE THAT IT S TOO LATE.. AND EITHER YOUR ARE BURNT OR BURRIED..

YOU HEAR THAT YOU HAVE LOST THE CASE.. THATS OUR JUDICIAL SYSTEM WHICH NOONE WANTS TO CHANGE...

 

 

 

 

     BUT IN INDIA. THE TENANT IS GIVEN FULL RIGHT TO ENJOY THE LAND LORD PROPERTY AS THE BRITISHERS DID. WHILE THEIR RULE IN  INDIA..

 

 

 

 

MOST IMPORTANT OBSERVATION OF INDIAN LAW OF MINE IS. >> ITS MADE TO FAVOUR ALL LAW BREAKING CITIZENS, AND FOREIGNHERS. AND IS A PUNISHMENT FOR LAW ABIDING CITIZEN. NEEDS SERIOUS REFORMS SPECIALLY THE TIMINGS ARE HUNDREDS OF TIME MORE . WORST PART OF IT IS EVERYTHING DEPENDS ON A JUDGE... A GUY WHO COULD BE GENUINE IF YOU ARE LUCKY. :)

Laws are made by men and other group devised means to break them.

No law can be made perfect to suit all situations.

Morever only  HAVES cry for illegality  BUT what about HAVE NOTS.

SORRY DIDNT UNDERSTAND THE HAVES. AND HAVES NOT.

BUT FEW THINGS THAT SHOULD BE CHANGED.

 

> The no. of dates the trials are postponed

> The no. of yers. should be fixed.

> instead of a single judge having all the powers a panel should be there.

> The favours of landlords are 100% neglected.. Do you believe in one liner.

     "Justice delayed is justice denied...." 

  Well if you believe that. . 

 > what is a delay ?  a hour, a day, a month , a year, a decade or a century !!!!!! may  be a millenium.

 > Why do landlords have to suffer even after being the owners.. The tenants must and should vacat the premises. whenever the landlord demands.. subject ot a prior notice.

  Else what s the use of being landlord.

 

No use of being landlord in India. All the laws & rules in favour of tenants,If a tenant get old he is enjoying the property like he own it. it is good to be a tenant than a landlord,Law has to change now.

Its true that rules are against the LandLords.

Even such cases which requires to be trialled with a fast pace of a week or month. should be treated seperatedly

The TIme frame is on avg. 15 Years.. for a first judgement. then agains 3-4 yrs. avg for appeal and then

you cannot get a final verdict till 20 years.!!!!!!!!!!!!!!!!!!!!!

 

 Where as the cse is pretty simple.

   The owner - Landloard wants his property back. and there is no law in india which can do that. in three easy steps..

>   file  the complain

> Give notice to tenant.

> Hand over the possession of property to land lord.

The worst part is even after the death of the tenant. His heirs. can continue the tenancy..

 

Thats the height. and  just to add to grieviance of the LL .. The rents cannot be increased.. even  when the market trends. are fetchting 15000 Rs . month for the same area .
 and your lucky . tenant is just paying 15 Rs. even after 50 years.. !!!!!!!!!!!!!!!!!!!!

 

  My india is great..every one who wants to reside in india should become a tenant. and in 30 years THe law will be on your side and protect you .

I have a good idea if you are a LL, sell all your property and become a tenant, now all the laws & rules are in favour of you. So you dont need to buy a flat or home for yourself just enjoy the property of of the LL. Case will go on for minimum 20 years or more. Aage kya hoga dekha jayega..........

yeah would have done that.

  but the fact remains 60 lacs worth property noone is ready to buy it for 25 also.  :( ..

 

so have to kick them out by any means..

Dear All,

After 30 months (date after date postpone) trail, finaly the court given the judgement(tenat defaulted payment for 18 months- and also exparty to court) . However the eviction process yet to start.

 

This is the second time exparty judgement from same court (4 judges already changed but the trial remain in same court), inital one was in Jan 2011, subsequently had applied  EP, however tenant managed to reinstate the case.

 

Is any one can advice on complete steps to complet the eviction process and collect keys.

 

  

 

Sincerely

Anand

for some reason i also am with agreement with you, the court takes such a long time to decide a case of eviction. the fact that the lawyer asking the landlord a silly question that does the LL has got enough funds to build on the property, knowing fully that the tenant is paying only rs.650.00pm and the LL is paying property tax to the government rs.8000.00pa. The tenant does not have money to pay the current rent. whereas the place can fetch a monthly rent of rs.300,000.00pm once the LL gets the property in his possession.

To me this seems a simple case , the LL has to get his property back because he needs to build and earn more out of that place.

Any suggessions, I am fighting this case for over 13 years and my father has fought for 15 years

the laws favour the tenant mostly if he/she are very old tenants,reason being in old days the tenant used to pay up a large sum to landlord known as pagri at market rate of the property and after getting market rate for their property still the landlords charged rent per month,that way the landlord didnt lose their right over property and at the same time got their properties market worth prevailing those days and plus enjoyed extra per month rent.

If the same value would be prevailant in todays world where 100 rs p.m. is equivalant to 1 lakh rs p.m. then no landlord would have been bothered to evict the tenant.

However reality even 100 p.m. a beggar can become a tenant.If todays 1 lakh p.m. has value,same after 20 years 1 lakh might have value of what rs 100 has value in todays time,so after 20 years landlord cant cry that i am getting only 1 lakh per month,whatever was fair in the old prevailing times when the property were rented out,the deal has been done and closed.

In todays world the best would be the tenant and the landlord come together and approach a builder to redevelop the property,let the tenant decide whether he wants lump sum money from the builder and evict the property,that way the property goes back to the landlord,else if he is not ready to evict,give him a share as ownership or let him continue as a tenant,that way its a win win situation for both,