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Shops given on rent 20 yrs a ago,now want them back but tenets disagree

I belong from dehra dun mine grandfather had given 3 shops on rent more than 20 years back,but the agreemnet was made on shops name not on tenents name,now i want mine shops back for our personal use,but they disagreed and clearly said THEY SAY WHATEVER U CAN DO ,U R FREE TO DO IT,WE 'LL TO IT.AND RECENTLY I READ A CASE OF TENENCY WHICH HAD TAKEN 40 YRS OF JUDGEMENT.BECAUSE OF THIS I M NOT ABLE TO DECIDE ANYTHING BECOZ IF I FILE A CASE THAN I DON;T KNOW WHEN I WOULD GET THE POSSESION AND HE WOULD SUBMIT THE AFFIDAVIT IN THE COURT THAT HE IS NOT GETTING ANY SHOP WHICH HAD 100RS RENT AND TO SUPPORT THIS HE WOULD SUBMIT AFFIDAVITES TAKEN FROM VARIOUS PEOPLE .IF I FILE THE CASE IN CIVIL COURT THAN DISTRICT AND HIGH COURT R ALSO THERE.Rent is also of that time EVEN THE SUPREME COURT IN ITS RECENT DECSIONS MADE IN FAVOUR OF LANDLORD HAD SAID ITS THE FAULT IN OUR OWN LAWS THAT LANDLORDS HAD TO SUFFER,THEY ALSO SAID IF LANDLORD REQUIREMENT IS LEGAL THAN JUDGEMENT SHOULD BE MADE IN FAVOUR OF LANDLORD. IS THERE NO RULE IN INDIA WHERE LANDLORD CAN CLAIM ITS RIGHT ON THE PROPERTY. i m from dehra dun so no rent control court here like in delhi and laws of rent here simple just go for civil court shops were given no the name of shop on their name & they are doing work legally,so its just very tough to get mine shops back on bona fide need also i have to go for case & jugdement not know when it would come plzzz suggest a way so that i can claim back mine right

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S. Gupta (Legal Scholar) 08 December 2024

I understand how frustrating this situation must be for you. Here are some steps you can consider to reclaim your property:

1. **Consult a Lawyer**: It's crucial to get legal advice from a property lawyer who is familiar with the laws in Dehradun. They can guide you on the best course of action and help you prepare your case.

2. **Review the Uttarakhand Tenancy Act, 2021**: This Act governs tenancy agreements in Uttarakhand and outlines the rights and responsibilities of both landlords and tenants,[ Dated Dehradun, January 31, 2022], Understanding this Act will help you know your legal standing and the procedures to follow12022185(1)/2021 Dated Dehradun, January 31, 2022]

just copy this link and search it on google... (https://ujala.uk.gov.in/files/THE_UTTARAKHAND_TENANCY_ACT,_2021.pdf).

3. **Gather Evidence**: Collect all relevant documents, including the original sale deed, any correspondence with the tenants, and proof of your father's ownership and intention to reclaim the property.

4. **Serve a Legal Notice**: Draft and serve a legal notice to the tenants, informing them of your intention to reclaim the property and requesting them to vacate within a specified timeframe.

5. **File a Case in Civil Court**: If the tenants refuse to vacate, you may need to file a case in the civil court to seek possession of the property. Be prepared for a potentially lengthy legal process, but having strong evidence and legal representation can help your case.

6. **Consider Mediation**: Before going to court, you might want to explore mediation as an alternative dispute resolution method. A neutral third party can help facilitate a settlement between you and the tenants.

7. **Stay Informed**: Keep yourself updated on any recent legal precedents or changes in the law that might affect your case.

It's a challenging situation, but with the right legal guidance and persistence, you can work towards reclaiming your property.... but be strong.