tenancy litigation

you have to file a suit for his eviction. If the rent is below
Rs.3,500/- as per amendment in A.P you can file a petition under
R.C.C., if it is more you have to file a civil suit. But keep in mind
that its mandatory for you to issue a notice as stipulated under
Section 106 of T.P. Act determining the tenancy.

The
ugliest side of the law that this litigation is not simple and speedy
as said or read. If the petitioner is more than 60 years and requires
the premises for self occupation then the matter will be disposed off
quickly. If you have any further doubts you can contact me at
s_bsst@yahoo.com or can call me at 94401-20259

you have to file no .of cases

1.wilful default ,where the party has not paid rent  for the past 3months

according to sec 10(2)i

2 owners occupation filed by you

3 fixation of fair rent

any other query contact.09444239014.

file  an eviction suit on the ground of personal necessity

you can file suit for eviction for bonafide need, there is no notice is neceessary, you can file directly before civil court, and if you want to recover the arrears of rent than you should give notice to defendent for paying rent with in a period of 2 month thereafter you can file suit, and if defendent will not pay rent within 2 months from the reciepts of the notice, then he will have to pay before court on his first appereance, otherwise he will suffer it's consiquences

well friend, i dont know in which state u r residing.

generally every state has tenancy laws but few rely upon the Transfer of Property Act.

personal necessasity is a best ground to get the premises vacated from a tenant provided u prove it.

i would advice u pls consult some local lawyer who can guide u properly after assessing the facts of the case.  It has to be seen what law governs ur area and how u ll ve to prove ur personal necessasity and to what extent.

1)Many friends get confused that owner is owner and he can get possession of rented property AT ANY TIME.

2) Pl note that rent act is always in favour of tanets in all states.

3) Notice is the  base of the case and any admission or mistake in the notice will go in favour of the tanent.

4) The personal need of the owner is not abosolute.  IT MUST BE SUPERIOR TO THE NEEDS OF THE TANENT. Pl do not confuse here or have unnecessary over confidence. If the advocate of the tanent  can prove  that the owner do not have genuine need and the tanent will be put in more hardships the case will be decided against owner.

5) Regarding the default of rent ; the dues  will have to be conclusively proved. If the landlord was lax in issuing reciepts for earlier rent recieved , the case will go in favour of tanent since he can always say that he hed paid the rent but the landlord did not issue the reciepts.

Even if there is delay in issue of notice for claimng the overdue rent will be fatal for landlord.

6) Most important weapon in the hands of the tanent is to file an application for fixing standart rent. And if by chance similar property are let at less rent or the landlord had given his other part of property at less rent even to his relatives will guide the Courts to fix standard rent accordingly. And it will be prsumed that landlord wants to throw out the tanent for higher rent.

WELL IT ALL DEPENDS ON THE ADVOCATE,