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P S Venkateshwara Rao (Student)     09 August 2011

How my evict the tenant from our property

Hello Sir,

My self a student. Pursing masters in Hyderabad. I am basically from Vizag, we have a property owned by my parents {MOM and DAD}. It was marriage gift from my Mom's father.

My father has build a house with a shop attached to it with his hard earned home, sir believe me i have seen him worked hard for it. Apart from his saving we apprached a bank for a home loan of 4 lacs.

Since we could not repay if we stay in the house, ,my parents decided to rent both the house and shop to single person. the Present tenant has been staying in since 5 years, every year we renewied the contract for 11 months. Recently my younger sister moved out of city for her studies and myself too stay in Hyderabad, So i have decided to Move to my parent to our own house as  we have our uncles close by who would be a moral support to my parents so that they will not feel lonely. I forgot to tell you we been staying in a rented house since my childhood.

My parents atlast have decided to move to there own house. Assuming that alleast the shop rent can be paid towards mortgage.

We asked the existing Tenant to move out as per the last rental ageeement its validity is only till April 2011. We asked him keep the shop but give the home for my parents. He intially agreed and asked for 2 more months permission but in the mean time We did not expect he would approach court, one day we recieved a court notice. he approached the court with false allegations that we had politically pressure and tortured him to move, This is absoultely a big lie, God knows the fact.

His only intention was to prolong his stay. He is exploiting the loopholes in the Judiciary departement. My parents were badly disappointed to the things happening. My father has literally tears, looking at someone controlling his hard earned property. Top of it our existing house owner { as i mentioned earlier that we stay in a rented house} asked us to vacate the house as he would like to rent the house to his relatives. My parents are literally struck between all this, i being a student wasn't able to be more than an spectator.

We approached a Lawyer and produced the last rental agreement {signed by both the parties}. But he says the agreement is not valid, it cannot be produced in the court. As a matter of fact the agreement was endrosed on a Court fee stamp paper. Please advise what should i do in this present situation.

I need a suggestion how to approach the issue and solve it as soon as possible.

 

Warm Regards
Satya



Learning

 4 Replies

jeetendra patel (lawyer)     09 August 2011

you have to approach the court for evicting the licensee,on the basis of the agreement eventhough it is not as per provisions of law (registered, as it is compulsory in the state of maharashtra) by disclosing the true intention to give the property for temporary period.In city like pune there is special forum dealing such types of matters wherein property is given on license basis for temporary period. just check out whethere there is any forum in your state/city.else you can always file suit for evicting tenant (licensee) on the ground of your personal need  ANDrequirement. Dont loose heart. Consult a good civil lawyer. All the best.

J.P.PATEL.PUNE (ADVOCATE. (9921158871)

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 August 2011

Try to solve amicably otherwise it will take long time in court since such cases end up in SC.

P S Venkateshwara Rao (Student)     09 August 2011

Thank you for your quick advise r. Patel. Our advocate has filled a suit under non payemen of rent since 6 months. Please suggest whether we can file other suit against him.

 

Thanks

Venkat.

P S Venkateshwara Rao (Student)     09 August 2011

Hello Sir,

 

If it is Amicably how should we approach him? We did that earlier by asking him to keep the shop and hand over the house only. My parents need to move there.

 

Please advise

 

Thanks 

Venkat


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