Pankaj Agarwal 28 January 2016

Old tenants are not leaving the shops given on rent to them

Hi All,

Please guide me on this.

My grandfather had given 2 shops on rent to some tenants some 40 yrs back.

My grandfather and the original tenants have passed away.

The property has also been partitioned with one shop in the name of my Taiji (my Tauji has passed away) and the other in the name of my 2nd uncle.

our ancestral home stands on this 2 shops.

The agreement with them has expired since 2009 .We have been asking to vacate them since 2012 and they have been just whiling away time by dilly dallying.

We approached the merchant association of our locality and asked them to resolve this issue amicably.

These guys are indirectly asking money to vacate the house. One of them is a rogue with political links.

Moreover the house is also in dilapidated condition and we have requested the municipality and also have asked them permission for demolition.

Please let me know how i can evict them wihout the matter getting hung up in court. We have not initaited any court proceedings.

I have planned the following course of action

1. Get a certificate of structural instabiliity from the municipality and permission for demolition

2.Get in writing the verdict of the merchant association: these guys on being called by the merchant association said we will not vacate and also that we will not vacate simply

3. Send a handwritten letter to these guys via Indian post asking them to vacate withing 2 months( these guys are not even picking calls from my taiji adn uncle who are not staying in the place)

4. File a caveat in the court that there should not be any judgement without hearing us the same day itself

5.Cut the electricity lines after one month. we will surrender the electrical connection

6.Wait for the court to respond and sekk police help in evacuating them

Before that we will also try one last time to reach out to them via eminent people of the locality and give them a reasonable amount . Right now their demand is highly outrageous ( 5 times of what they have paid us entirely in this 40 yrs)

Please suggest me ways to get this case resolved in a fast track way and in our favour if the matter goes to court.

Right now they have also stopped paying the rents since the last 6 months.

what are the vulnerabilities if the mattter goes to court

Reply Follow

2 Replies

Advocate Rohit (Advocate) 30 January 2016

You need not do all such acts to put things place in order. Your taiji being widow can claim the property for self use of her if she has no other source of income. You need to approach the court for vacating the premises based on this under the Rent Control Act. similarly, your uncles can do asking for self use of the property.

Regards

Adv. Rohit M. Dalmia

9324538481

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