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Alok Tholiya (self employed)     01 November 2011

Unlawful activities of tenant

One of my tenant " A "has lost case in small causes court and court has asked for vacating the premises. He has gone in appeal where he is delaying the matter. Teh it will be high court and then supreme court. 

This tenant taken a second hand car.The car is being parked in our building compound without any permission.  They have under some understanding with another notoriuos tenant  "B " taken this car in tenant "B " 's name. But daily car is driven only by tenant A. 

How can I ensure that this car is not parked in our building? Building is of 1947 in Mumbai under Maharashtra rent control act. . Tenat is old tenant but car was recenlty purchsed and prior to that A never had a car and B had one car but now there r two cars in his name. 

Pl. advise as per Mumbai rent act provisions. 



Learning

 7 Replies


(Guest)

In Ukraine people do not get justice from courts or government but from here:

https://www.villagevoice.com/1998-05-26/news/the-most-dangerous-mobster-in-the-world/

 

u in India also need this.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 November 2011

Dear Alok

if any society or RWA maintained the bulding through any legal bye laws only then you can restrict him, otherwise not

SURESH GODBOLE (ADVOCATE)     01 November 2011

You will have to BEAR AND FORGIVE AND FORGET

Befriend both

NO WAY

One cannot restrict anyone from owning two cars and further to restrict him to that level as to who will USE or DRIVE  THE CAR

The only restriction is of Parking it

This was to be formalised before the Agreement was signed

If not in the agreement , You will have to show you are in dire and inescapable need .

You are not in that need

If you want to spend money on Lawyers fees you are welcome

But it may take 30-40 yrs for final judgement or You will have to come back and show the Court that you require your own premises back  because YOU are  staying in  Rented Accomodation


Till this happen you will loose all interest in the sqabble and will try to compromise

Why not  DO IT NOW

YOU WILL SAVE A LOT OF FEES AND AVOID A LOT OF TENSION

NOT TO SAY YOU WILL ALSO SAVE A LOT OF MEDICINAL COST AND DOCTORS FEES

OF COURSE ITS UP TO YOU , 

PEOPLE GENERALLY  ARE PERTURBED WITH SMALL THINGS MORE THAN BIG ISSUES

If you are angered , I may be pardoned and forget ,

If impressed Act on it

Action will give you more than seeking advises from all quarters


(Guest)

If his car parking curtails your free movement or is of nuisance then surely you can sue him.

Arvind Sehdev (Advocate)     03 November 2011

he's ur tenant right ??

 

file an eviction against him on the grounds of personal necessity [ fastest way to get a tenant off your property ]


(Guest)

Personal necessity would take more than 20 years. Criminal Cases will take less than a year one cognizance is taken.


(Guest)

send a legal notice and file suit for eviction.


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