Eviction flat from tenant
Abhay Mehta
(Querist) 22 November 2018
This query is : Resolved
I have given flat on 1year leave and license agreement in Dec 2011 at 10500 rupee per month. 10 % rise every year if both are agreed. After completion of license period, I requested licensee to vacate flat. But he demanded 3 / 4 month giving reason of children education.. After March 2013 , I made same request for vacating the flat. He denied. After several meeting done for giving peaceful possession, But not succeeded. Also he denied to renew agreement. So I given one month notice in March 2015. He given me replay by advocate that you were seeking more license fee and so on. At last I made police complaint in May 2015 Also file Civil suit in Vadodara , Gujarat My advocate has made plaintiff for passasion flat considering him as a trespasser. But did not demanded manse profit..
Licensee stopped from June 2015 to pay licence fee.
Due to delay and uncertainty I have changed my advocate. New advocate asking that manse profit should be include because pending licence fee around 5 lac on today.
So you are requested me what should be done.
Abhay Mehta
(Querist) 22 November 2018
Eviction flat from tenant
by on 22 November 2018
I have given flat on 1year leave and license agreement in Dec 2011 at 10500 rupee per month. 10 % rise every year if both are agreed. After completion of license period, I requested licensee to vacate flat. But he demanded 3 / 4 month giving reason of children education.After March 2013 , I made same request for vacating the flat. He denied. Serveral meeting done for giving peaceful possession, But not succeeded. Also he denied to renew agreement.
So I given one month notice in March 2015. He given me replay by advocate that you were seeking more license fee and so on. At last I made police complaint in May 2015 Also file Civil suit in Vadodara, Gujarat. My advocate has made plantiff for passasion flat considering him as a trespasser. But did not demanded manse profit.. Licensee stoppedto pay licence fee from June 2015. Due to delay and uncertainty I have changed my advocate. New advocate asking that manse profit should be included in prayer or revised plantiff because pending licence fee around 5 lac on today.
So you are requested to guide me what should be done.
KISHAN DUTT KALASKAR
(Expert) 22 November 2018
Dear Sir,
The advice made by your new advocate is appropriate since even if decree is passed in your favour you lose rents which can be claimed as damages since now he is a trespasser.
Please mark “LIKE” if satisfied by my answer.
Kishor Mehta
(Expert) 22 November 2018
If the leave & licence document is properly stamped, executed and registered, you should file an eviction suit. It is prudent to demand mesne profit.
SHIRISH PAWAR, 7738990900
(Expert) 22 November 2018
You have to file amendment application and demand the mesne profit from tenant.
Dr J C Vashista
(Expert) 23 November 2018
You have already engaged / replaced a professional lawyer to pursue your case,well aware about the facts/ documents of the case.
You should (rather must) have faith in his opinion/advise and proceed without waiting for / seeking obligation / second opinion from experts on this platform despite the fact it is available FREE OF COST.
