Eviction on Grounds Bonafide Requirements

As per the details given by you and since the son is not with father,I do not think would be able to prove bonafide requirement.He must produce cogent evidence to prove his bonafides. Court will not believe bare words.

An agreement is only based on mutual consent. It mandatorily requires the consent of both tge parties. In the instant case, the landlord does not have free consent on his side to extend the agreement. Then, hiow can it be forced by the court?

Further, he needs the house only for his son, which does come under bona fide intention.

Also, the clause of the agreement mentioned about is that "...... tenant pays the rent regularly and observes the rules, the landlord will not have any objection in extending the agreement....".

How can a clause in an agreement enforce a person's human conduct?The personal interest of the landlord also prevails over the agreement.

evication not possible and even you can apply for reduction of rent IF  for similar tenament in the area rent is less.

AGREEMENT OR NO AGREEMENT AFTER ONE YEAR ANY TENANT IS A LEGAL TENANT AND HE CAN BE EVICTED IF 1) STANDARD RENT IS NOT PAID 2) SUB LET 3) PERMANENT CHANGES MADE WITHOUT APPROVAL OF LANDLORD.

REGARDING REQUIREMENTS THE LAW IS THAT HARDSHIP TO THE LANDLORD BE MORE THAN THE TENANT . IF NOT NO EVICATION POSSIBLE.

AND HARDSHIPS HAVE TO BE PROVED , MERE STATEMENTS HAVE NO VALUE IN LAW.

Thank you Mr.Shashikumarji for your valuable opinion.

Mr.Satish...one day you have to vacate the property as it is not yours. You will unnecessarily will be wasting your money  and time in courts. Why all this mental tentions.. you look to be decently educated... leave it and search another house where you can live peacefully as such you mentioned your father and brother are not well and its always a mental tention for them also. This is just a suggestion... rest you can take decision.

Well said Mr.Rajashekar

hello sir

Firstly i thank this forum for helping u  lot of people on legal issues I m doing bussiness (shop) as a tennant in commercial place. I m tennant  in last 15 yearsi was taking the shop on rent in the year 1993 on the contrary i was given pagri to the landlord  In the year 2005 our previous landlord sold his property to our new landlord In that situation our landlord is a uncle of  our competitior which shop was closely  related to us 

         In the year 2008 he refuse to take rent so we submit therent  in the court In 2009 our landlord filed suit for illegal construction but we have stick proof  of the same that he was absolutely wrong In the year 2010 he filed again suit for bonafide requriment  in that case some facts are

               Landlord having 2 sons one is having own bussiness in well reputated market but landlord shows that this shop os poorly located in the narrow by lanes having poor access and apporach in other words this shop hardly attracts the customers but in coming days where the shop is located a multi parking  is under constrution which means having lots of customers another son is doing btech also joining family bussiness himself  is 55 years old facing health problems

                On the other side our family i have 65 years  old senior citizen  ihave one son and one daughter both are unmarried  also ihave one son sister son dependent on me myself and my wife wanted continoulty medical treatment  if i lost hw can i manage i hv only one shop neither myselt  nor my family members have any property all are depend on me my son also engage with my bussiness

           The major fact of our case is that our building consists 5 shops shop no1 is our shop shop no2 under our landlord  which hv two big halls but in front it isn  smaller in size he want to big insize in that situation  therefore the only option which remains is to merge the two shops i.e shop no 1 and shop no 2 shop no 3 is also under our landlord  under tennancy  our landlord threaten to me from local gundas for vacant the shop

            In spite this our landlord has much more properties in well reputed market some are under tennancy and some are vacant but no use for bussiness purposes acc to landlord view

              will the court consider the requriment of landlord as a bonafide requirment how should i defined my case how can i prove the requriment of landlord in not a bona fide requriment pls help   i m luking forward for ur reply