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(Guest)

Shops given on rent 20 yrs a ago,now want them back but tenets disagree

I belong from dehra dun mine grandfather had given 3 shops on rent more than 20 years back,but the agreemnet was made on shops name not on tenents name,now i want mine shops back for our personal use,but they disagreed and clearly said THEY SAY WHATEVER U CAN DO ,U R FREE TO DO IT,WE 'LL TO IT.AND RECENTLY I READ A CASE OF TENENCY WHICH HAD TAKEN 40 YRS OF JUDGEMENT.BECAUSE OF THIS I M NOT ABLE TO DECIDE ANYTHING BECOZ IF I FILE A CASE THAN I DON;T KNOW WHEN I WOULD GET THE POSSESION AND HE WOULD SUBMIT THE AFFIDAVIT IN THE COURT THAT HE IS NOT GETTING ANY SHOP WHICH HAD 100RS RENT AND TO SUPPORT THIS HE WOULD SUBMIT AFFIDAVITES TAKEN FROM VARIOUS PEOPLE .IF I FILE THE CASE IN CIVIL COURT THAN DISTRICT AND HIGH COURT R ALSO THERE.Rent is also of that time EVEN THE SUPREME COURT IN ITS RECENT DECSIONS MADE IN FAVOUR OF LANDLORD HAD SAID ITS THE FAULT IN OUR OWN LAWS THAT LANDLORDS HAD TO SUFFER,THEY ALSO SAID IF LANDLORD REQUIREMENT IS LEGAL THAN JUDGEMENT SHOULD BE MADE IN FAVOUR OF LANDLORD. IS THERE NO RULE IN INDIA WHERE LANDLORD CAN CLAIM ITS RIGHT ON THE PROPERTY. he is doing all legal work,so its very tough to get back the right,even if i go for bona fide need clause as per supreme court,i don;t know wheather i would win or not. please tell a way of it


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 2 Replies


(Guest)

You have two options, (1) mutual settlement , directly or through some mediators, OR (2) litigation by court triqal through some local lawyer to get back your shops that too, if you are the real owner after inheritance from your grandfather. Choice is yours.

 


(Guest)

we have tried for mutual agreement but they clearly say no.

they say they are happy with the present situtation

because the rent is just 250 a yr.

so its easy and most enjoyable think and in india there is no law which can force them to surrender the shop.they know that court takes time and how much nobody can even think to answere.

the recent decision of supreme court which had come after 40yrs is the perfect example of it


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