Raj 29 July 2018

Suit for ejectment of a firm from shop u/s 14(1)e

Dear Experts, If we file a case on Firm whose proprietor is dead and his son is running the Firm and in the possession of the shop. Now we as landlords want the shop for bona fide use and we intend to file the case u/s 14(1)e. After getting him evicted from the shop, can any other legal heirs of his father (who was the original proprietor of the firm) can claim any right to the shop?

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2 Replies

Kishor Mehta (CEO) 29 July 2018

It depends on the name on the rent receipt, if the rent receipt is passed in the name of the deceased owner then all of his legal heirs should be made party to the eviction suit. If, however, the rent receipt is made out in the name of the business entity then the eviction suit should be filed against legal successor/s to the business.

Kumar Doab (FIN) 01 August 2018

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing rent/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..that has examined the documents would have advised you…

Moreover the required docs e.g; pertaining to firm, may be called in court.

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL O/o Tehsildar, rent tribunal, civil courts, HC……