nishu (prop.) 07 October 2009

industrial shed not been vacated by tenants

HAVE A INDUSTRIAL SHED IN MOHALI (PUNJAB) NEAR CHANDIGARH..WE GAVE IT ON 15000/- RENT WITH 5 % INCREASE AFTER 3 YEARS FOR NINE YEARS.. A PROPER AGREEMENT WAS MADE AND WAS WRITTEN THAT AGREEMENT CAN BE EXTENDED WITH MUTUAL CONSENT... NOW THE AGREEMENT HAS EXPIRED.. WE WANT HIM TO VACATE..BUT HE IS NOT VACATING.... AS MARKET RENT HAS INCREASED TREMENDOUSLY...

HOW CAN WE GET OUR PROPERTYVACATED?

WHAT IS RENT ACT ? DO WE FALL UNDER IT ?

WHAT ARE OUR LEGAL RIGHTS?

AND HOW LONG IT CAN TAKE TO VACATE IF WE FILE A CASE ?

PLZ HELP .....

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 October 2009

Mr. Nishu,

Tenant must on the expiration or on the determination of his tenancy deliver up to his landlord posession of the demised property. The duty of lessee is to hand over vacant possession of the property to the Lessor on the termination of the Lease in any manner watever. If therefore, the property is in the possession of a sub-lessee the Lessee must turn him out; otherwise the landlord may maintain a suit for ejectment against the Sub-lessee and recover damages from the Lessee including the cost of ejecting the former. Meet a lawyer to issue a notice & file ejection suit.

nishu (prop.) 08 October 2009

the possesion is with the orignal tenant and not sub leased... agremment has expired 2 months before but he is not vacating nor showing any intrest in increasing the rent... how long will it take to get it vacated if we file a case against them...