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Bonafide suit by landlord

(Querist) 21 December 2014 This query is : Resolved 
Sir,
I am a landlord of property in Mumbai. I have filed an eviction suit against a tenant who has carried out illegal additions/alterations in the premises given to him as alternate acomodation. The Tenant is using the premises as commercial.In 1973 when he started his work in the premises the I was running a polyclinic and this tenant like other doctors he was alloted a room space in a garage. I stopped my business and closed the polyclinic and sold the premises to other person but since this tenant was in a garage I retained the garage When the Tenant was with polyclinic he was paying the rent to the polyclinic and after the closure of the clinic I started taking rent in my main property A/C. The rent receipts were issued in the name of poly clinic and now they are issued in the name of property a/c. Even today he is the tenant on the same terms and conditions which prevailed at the time of polyclinic.But he thinks that he is the regular tenant now. Inspite of taking order from the court for depositing rent in court he has not deposited the rent and the property tax has not been paid for last 4 years.I was running my business from the other garage next to the garage of Tenant.But after filing the eviction suit the tenant complained to BMC against me and I had to stop my business. The rent paid by the tenant is very meagre. In his WS he says that the rent includes tax, maintenance and all other outgiongs whereas I pay all the expenses from my pocket. I want the premises for my use and business so i have filed a Bonafide suit against him. The tenants daily earning is 40 to 50 thousand and still he says he cannot purchase a premises in other locality.In this situation can I get the premises back for my use and what orders would the court pass in this situation. The tenant is a pathologist but NOT a qualified M.D doctor He is a technician running the Lab
Please advice.
Thanking you in advance
prabhakar singh (Expert) 21 December 2014
Comparative hardship would be the question to be adjudicated by court.

If he is not depositing rent then move an application in court to strike out his defence.
Devajyoti Barman (Expert) 21 December 2014
Pursue your case of eviction on bona fide requirement ground.
ajay sethi (Expert) 21 December 2014
agree with experts
Rajendra K Goyal (Expert) 21 December 2014
Prove your case on bona fide requirements grounds.
T. Kalaiselvan, Advocate (Expert) 26 December 2014
I agree with the experts views.


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