Eviction of Tenant

dont worry about your bonafide necessity....even if u r having another house in Panchkula, the tenant can not dictate terms to you that you shall live in Panchkula.

for servants, if the tenant is using them as a tool against you, then you should also be clever.

keeping 4 servants itself seems to be illegal and you ll ve to prove that the tenant is using the premises for business purposes and not for his own residential purposes....u could have added nuisance by tenant's servants as one of the grounds for eviction but that needs strict proof.

it will be good if you make movie of all their activities and click few photographs of harassment being caused to you...but still u ll need few witnesses to prove this aspect.

try to put those servants in some criminal case....for that matter u ll have to seek help of some police officer....I think u r able to understand what I have said :)

let her sister reside temporarily there....

but you should be firm on the ground of personal necessity...for Chandigarh property I can assure you that the matter will be in your favour if its a matter of personal necessity.

Dear Kiran Sir,

Please help in my case-

 1. Mr X purchased a land in 1952 in Delhi.Mr. X is have 2 sons and 2 Daughters I.e. Elder Son A Younger Son B Elder Daughter A Younger Daughter B
2. Before 1965 Mr X was living with Younger Son B.
3. In 1965, Elder Son A came to Delhi because he was suffering from Cancer. He was having 2 Legal Heirs i.e. Elder Daughter AD and Elder Son AS. Elder Son A Started Living in the 1/3 of the Property
 4. In 1967, Mr. X done a Registered Will in the Name of his Wife Mrs Y. in WILL, he stated that after my death the whole property will belong to her and if she wants she can give the Property to Legal Heirs
5. In 1968, Elder Son A died as he as suffering from Cancer and Mrs Y(Wife of Mr X and) died.
6. In 1969, Mr. X done a another Registered Will invoking the Previous WILL which States that A. Whole Property Owner is Younger Son B B. Legal Heirs and Wife of late Elder Son A will be living as License in 1/3 of Possession and Can be Evicted anytime by younger Son B. Younger Son B was treated as Licensor and Owner in WILL
7. In 1971, Mr. X died. Legal Heirs of Elder Son A i.e. Mr AD has taken the possession(Started Living) in 1/2 of the property. Then There was Oral Family Settlement that Property is divided into Equal Part between Mr. AD and Mr. X . No Written Document was made.
8. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally To Them.
9. Younger Son B is having 4 Legal Heirs (Elder Daughter BD1, Elder Daughter BD2 , Elder Son BS1, Elder Son BS2) 10. In 1994, Younger Son B died.
11. In 1997, Legal Heirs and Wife of Younger Son B has done there Own Relinquishment Deed giving the property half/half to Elder Son BS1, Elder Son BS2 and also stated that they are having the possession of the Property. But they are actually having possession of half of the Property
12. Mr. AD has done the Mutation of Half Property in his name since 1998 and paying the Electricity, Property Bills from Many Years.
13. Also Mr. AD has Revamped(Re-Structure) the home in his Half around 2002.

Can anybody tell me being a legal Heir of  Younger Son B how I can get a title of whole property i.e. including the share of Mr AD and how I can evict  Mr AD and his family.
 

Eviction is not easy , first issue notice than file case in court. In majority of cases the advocates of landlord goof up while issuing notice. Once notice is defective any other matter will not be heard by any court.

Dear Friends

My father Mr.Narayanan rented out the portion of Vacant Land to Mr. Ramaiah in 1974 for an Year (Not Registered Agreement). Now both parities expired 1978 & 1980. My father allowed to raise the small tent and gate for running Milk business in the said area.

Currently Mr. Ganapathy (He is saying I am adopted Son of Mr. Ramaiah) is using the Vacant land. As far as I dont think he dont have Legal Hier Document. Shall I ask the Adoption Registration/Legal Hiership Document from him?

He is not paying the Rent for the last 5 years.

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Badri Narain Lal v Ramji Lal reported in All India Reporter of 1954 in the Allahabad Volume on page 49 (AIR 1954 All 49).

The tenant is liable to be evicted when the court is satisfied that the misuse of the premises is of such a nature that it is causing a public nuisance; it is causing damage to the premises; or it is otherwise detrimental to the interests of the landlord.
On an application made to it, the court can order the recovery of the possession of a premise on the grounds that the premise has not been used without reasonable cause for the purpose for which it was let for a continuous period of six months immediately preceding the date of application. Even for this action, the tenant should receive a written notice from the landlord referring to his intention to evict the tenant on the grounds of misuse. In this notice, the landlord has to specify the misuse, the possible cause of damage to his property and the action he intends to take. If the tenant has not changed the use of property within a month and has not responded to the warning contained in the notice, then the landlord can take the issue to a court of law and seek the eviction of the tenant.

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He is using only portion of the 1Acre land. Twice he cut the trees in the land (full 1 acre) without our knowledge and sold the same Rs.45000. I sent written letter asked him to pay the money back. Can I file the Criminal offence against him (Police)? or Shall I sent Advocate Notice to him?

Can I evict the tenant on tje basis of detrimental to the intrests of the landlord as mentioned above?

Note: Twice he took the money but later he didnt vacated the land. So we want proceed legaly.Kindly give your valuable suggestions.

Thanks Mr Kiran Kumar for your valuable suggestions.

I checked with the Devakottai Municpality he dont have the Trade Liciense to run the business. So he is not utilizing the land as per the agreement. Based on this shall I ask him to vacate or evict the Tenant?