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Sami Patel (SERVICE)     22 March 2013

Tenant convert residential room in to storage

A long time Chawl tenant convert residential room in to storage Godown  without permission from Landlady who is a  very old woman, the room is located in residential chawl area where other families live in the neighbourhood. How can I evict this tenant after giving him already twice notice to evict which he throw in dust bin and don't bother in reply?

Please need you help & advice.

Thanks & appreciate in advance for the valuable contribution.

Best Regards

SPatel



Learning

 2 Replies

Advocate M.Bhadra   22 March 2013

You can file a suit for Injunction and Eviction of Tenant in Civil Court on reasonable requirement ground and you shall be govern by the respective Premises Tenancy Act.

 

 

Civil Procedure Code 1908

ORDER XXXIX. TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS 

Temporary injunctions

1. Cases in which temporary injunction may be granted

1Where in any suit it is proved by affidavit or otherwise-

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 2[defrauding] his creditors,

3[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,] 

the Court may be order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property 3[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.

Sami Patel (SERVICE)     22 March 2013

Sir Minansu Bhadra

How nice of you to reply me it is a positive sign we as a society learn a lot from people like you and others who add values to peoples life who feel helpless in lawless society .

Cheers man Bravo A way to go

Thanks Brgds

Sam Patel


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