Eviction notice under secion 111 (c)
Satish Kumar Anand
(Querist) 30 May 2015
This query is : Resolved
I AM A SHOPKEEPER IN A CINEMA HALL FOR THE LAST 32 YEARS. I TOOK THE SHOP ON RENT FOR DOING THE BUSINESS OF NEWSPAPER AND MAGAZINES ON A 10 YEAR AGREEMENT FROM SAY "A". NOW A DAYS "A" IS NO MORE AND THE MANAGEMENT OF THE CINEMA HALL IS SEEN BY THE GRANDSONS OF HALL MAINLY BY SAY "B". AFTER TEN 10, NO BODY ASKED ME TO RENEW THE AGREEMENT BUT I KEPT PAYING RENT WHICH THEY WERE ACCEPTING TILL LAST YEAR. DURING JULY 2014, MR "B" HAD SOME ALTERCATION WITH MY STAFF. SINCE LAST 5 OR 6 YEARS, I TRANSFERRED THE NEWSPAPER BUSINESS TO SOME OTHER LOCATION AND STATED THE READY MADE GARMENT BUSINESS IN THE SAID SHOP. FROM JUL 2014 ONWARD MR "B" REFUSED TAKING RENT AND SEND ME A LEGAL NOTICE TO VACATE THE SHOP WITHIN 3 MONTH QUOTING THE CAUSE OF PERSONAL NEED AND BREACH OF TRUST FOR DOING BUSINESS INSTEAD OF NEWSPAPER AND MAGAZINES. AND NOW HE HAS FILED 1 CRIMINAL CASE AND 1 CIVIL CASE UNDER SECTION 111 (c) AND 420, 120B, 406 AND 506. THERE ARE 12 SHOPS IN THE CINEMA HALL BUILDING BUT MR 'B' IS HARASSING ME ONLY, FOR REASON BETTER KNOWN TO HIM. I AM A SR CITIZEN AND ONLY EARNING MEMBER AMONG 8 PERSONS OUT OF WHICH 1 NIECE IS PHYSICALLY HANDICAP, ELDER SON IS MENTALLY UNSTABLE (SUFFERING FROM BI POLAR DISORDER) AND YOUNGER SON STUDYING IN DELHI.
I HAVE NO OTHER MEANS OF EARNING BESIDE THIS READY MADE SHOP AND NEWSPAPER BUSINESS. AT LEAST NEXT 10 YEAR ARE VERY IMPORTANT FOR ME TO KEEP WORKING SO THAT THE STUDY OF MY YOUNGER SON COULD BE COMPLETED IN TWO YEARS AND MADE A CORPUS OF FUND SO THAT MY MY NIECE AND MY ELDER SON MAY NOT FACE FINANCIAL DIFFICULTIES AFTER MY DEATH.
KINDLY ADVICE ME, HOW TO HANDLE THIS CASE
SO THAT I COULD RUN SHOP AT LEAST FOR NEXT 10 YEARS.
S K Anand
P. Venu 
(Expert) 31 May 2015
Since an RCP has been filed, meet the grounds for eviction on merit. In the given facts, you have got a chance to succeed.
Devajyoti Barman
(Expert) 31 May 2015
Since cases have already been file you have no option but to face those and fight on merit.
You have nothing to worry.
Dr J C Vashista
(Expert) 01 June 2015
Contest the case(s), you have no option.
Satish Kumar Anand
(Querist) 01 June 2015
THANK YOU ALL FOR GIVING PROPER RESPONSE.
YES I KNOW, I WILL HAVE TO FIGHT. BUT PLEASE LET KNOW HOW LONG THIS CASE CAN BE LINGERED FROM LOWER COURT TO HIGH COURT. MY PURPOSE WILL BE SOLVED IF THE CASE TAKE SOME 7 TO 10 YEARS.
FURTHER HE HAS FABRICATED FALSE CASE UNDER SECTION 120B /420 / 406 AND 506. I HAVE APPLIED FOR ANTICIPATORY BAIL AND SHALL BE GETTING BAIL ON THURSDAY.
SOME WELL WISHERS ARE SUGGESTING ME TOO TO LODGE CRIMINAL CASED AGAINST THE CINEMA HALL OWNER AFTER GETTING ACP BAIL. BUT MY HEART IS NOT ALLOWING ME TO LODGE FALSE CASES.
SOME PEOPLES ARE SUGGESTING ME TO COMPLAIN TO LICENSING AUTHORITIES ABOUT SANITATION AND FIRE SAFETY IN ADEQUACY TO BRING HIM UNDER PSYCHOLOGICAL PRESSURE.
PLEASE SUGGEST WHAT TO DO IN COMING DAYS ...
T. Kalaiselvan, Advocate
(Expert) 09 June 2015
Giving false complaints or giving complaints o other department for putting pressure on the owner is unethical and not advisable especially for cordial tenure as a tenant in that place. If he has filed the cases against you, you must see what went wrong to this extent and challenge those cases accordingly in the court. You may consult your lawyer on further issues before taking any wrong decision or step in this regard.
