Evacuating the occupant...

This query is : Resolved 

Querist : Anonymous (Querist)
14 February 2020


Request your expertise guidance for vacating the occupant from the plot.

Almost 3 decades ago my father had signed an agreement with Tenant-1 as to give the partial vacant land for rent that was in his name.
Also Tenant-1 also has his own place built adjacent to my father's vacant plot. As to extend his business he approached my father for a rent.
At Later years he did not renewed the agreement.

Without my father knowledge the Tenant-1 has leased his business licence and the his place too another party (party-2). As the rented vacant plot matters in their business that too has been occupied by Party-2. Further party -2 subleased the place and businesses to party-3.

Meanwhile till now my father receives a meager amount as a rent..

Please let know how to vacate tenants.

Raj Kumar Makkad (Expert)
14 February 2020

Serve a legal notice to the original tenant mentioning therein revoking the said license with immediate effect and to vacate the said premises within a stipulated period of one or two months as you deem fit on the basis of your personal necessity. Failing which file a rent petition with the help of your lawyer and the follow his guidelines.

Advocate Suneel Moudgil (Expert)
15 February 2020

file a suit for the eviction of the land on the basis of necessity and breach of the agreement

Advocate Suneel Moudgil (Expert)
15 February 2020

initiate by sending a legal notice

15 February 2020

Dear Sir,
The subsequent occupants are all in illegal possession of your property as such you can file a suit for recovery of possession as there are more or less encroaches.

Raj Kumar Makkad (Expert)
15 February 2020

Suit for recovery of possession shall require court fee to be calculated on the value of the property whereas Rent Petition requires just nominal court fee of Rs. 10 or 50/- so better to opt for rent petition.

T. Kalaiselvan, Advocate (Expert)
16 February 2020

Landlords can take legal action against tenants if they sublet their property unlawfully. Unlawful subletting includes if a tenant: sublets all or part of the property without written permission. is not permitted to sublet all or part of the property but does so anyway.
Rising rents and a shortage of affordable housing has led to a buoyant but illegal subletting market which makes victims of both landlords and subtenants
In these circumstances, a tenant will most likely have broken a term in their tenancy agreement. On that basis, landlords can take action to evict the tenant.

Certain social housing tenants may also commit a criminal offence if they unlawfully sublet their home and could be prosecuted under criminal law.
You can issue a legal notice to the original tenant to vacate the property and deliver vacant possession immediately within 15 days from the date of receipt of this notice, after that you an file an eviction suit on the same grounds.

Dr J C Vashista (Expert)
16 February 2020

Whether the initial rent agreement (for 30 years) was registered or notarized ?
Why did you (or your father) did not get the premises vacated on the ground of sub-letting the demised property without written consent ?
Prima facie it is an academic topic for debate.
If it is a true story, it is advisable to consult and engage a local prudent lawyer for appreciation of relevant facts/ documents, professional guidance and proceeding.

Raj Kumar Makkad (Expert)
16 February 2020

Even if previously the demised property was not got vacated on the basis of sub-letting, still the right of the landlord is not frustrated on that ground and the property can still be got vacated.

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