Rule for going directly to high court in tenency

A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated. The jurisdiction with the High Courts (Article 226) with regards to a writ petition is wider and extends to constitutional rights too.

thank you very much sir for ur kind and very very helpyly reply.

but sir can in case of tenecy where tenets have only dis livelyhood,would a case of bona fide need can be done on 3 tenents all together,as rent is very very nominal.one of thems relative is lawyer ,,i fear might do some wronge activities to have decisons in their favour as high court of Uttarakhand is in nanital,The tenents openly says we have the backing of lawyers lobby,we would see to it.

Plzz share a copy  of above said article.

 

You have to follow a proper procedure and can approach Hon. High Court after the other avenues are exhausted. You can not approach Hon.High Court directly in a tenancy case.Writ petition in a tenancy case is not tenable.The tenants also have fundamental rights.

that was i was saying,becoz of old laws these tenents are talking undue advantage of it.

if we go for case,then we nobody can even think how much time it would take in one court.

these tenents have advantage of it only.

and recent decisoions of tenency which had taken 40 yrs of time

its just unbelieveable.

Every state in India has its own Rent Act, this has to be followed for the eviction of the tenant, it may take long but there is no alternative. If the tenant has done some act adverse to the Rent Act he is bound to be evicted, however long it may take. The proper procedure set out in the Law book has to be followed and there is no alternative. Please note that if the tenant has been scrupulously following the tenancy laws of the State, no Court will evict him.

sir, i respect what u say,plzz dont take me  wronge but as per ur saying landlords and their family have no future in india,

they should donate their right to tenents if everything is legal.

sorry to say but in india, it is said in courts no emotions work,but its wronge tenents just say where they would go there emotions are always seen but not landlords emotions are even considered.

nobody thinks about their family,their needss,their  future.

 

sir as Mr kishor mehta has said ,do i have to file a case against tenents in lower court first and wait for the decisions.

if everything is legal than nobody any ask tenents to leave the shop

The decisions of Courts are governed by the Laws of the Land, emotions do not form a part of the judgement.

Ok sir what are u saying

But what when i would go for case on the first date they would say hum bhukha mar jayengaye,dis is our only source of earning

would they be said the same thinge what u have said.

Three Tenents,One shop was given nearly 30yrs back,2nd 22yrs back,3rd 17yrs back.

Rent they are giving close 300 per yr.

After so many yrs i dont have any right to take mine property back.

Oldest tenent were two bros some yrs back  one tenent left the shop and bought a shop in another area.he must have earned then only he could have brought it.His cousion bro is lawyer and they had said clearly if u agree to our terms then its f9 otherwise we know know how to handle tenents matter

In family divison mine father was given tenents to handle and a small godown in whcih we are running shop.i don't own any land or anyother thinge

One first court date i would proove it.

They selll all item not on bill so what they would say and papers submitted by there side can be said right

They would sumit false affidavites by taking from all the neighbours.

 

The Law applies to you as well as to the tenants, if the tenants are in fault then they will be asked to vacete. You are advised to consult a local advocate and put your case before him for his advice and guidance. It is wasting time to correspond endlessly on this platform.