(Querist) 08 June 2017
This query is : Resolved
Hi everyone,my name is Razul Gupta.
I inherited some property from my grandfather directly(in 1999,when I was 11 years old),that includes 4 shops and the land behind it.Till now I was doing a job in Delhi after completing my studies,so my father used to take care of the property.Two years ago,I quit my job and started a restaurant on a rented property in Shahjahanpur,for which I used to pay Rs 20,000/- as rent. It has been few months since I closed the restaurant because of the highway broadening and reconstruction. I am jobless now and literally doing nothing. I want to get my property vacated from all the tenants to start my restaurant on my own property. We do not have any agreement with the tenants(excluding one tenant with which my grandfather signed a 5 year agreement in 1995) and we do not issue any rent receipts. Rent of the shops is also very less as these were rented 12-16 years ago. These tenants have grown richer now and have political connections so they simply refuse to vacate. Also they do not pay rent on time. Two of these tenants haven't payed rent since six months.
Kindly suggest how do I present my case before the court? Should I go one by one or file against all of them at once. Also, what would be the best grounds for eviction,that I should go with? Use of my property for personal use or non payment of rent.
Advocate Bhartesh goyal
(Expert) 08 June 2017
Yes,you have to file eviction suit against all tenants on ground of personal bonafide necessity and on default of making payment of rent. first issue notice to them and thereafter file case.
(Querist) 09 June 2017
Thank you all.How long does it takes to get eviction orders from court,generally?
(Expert) 09 June 2017
It may take six months to six years, depends upon other sides, in contesting the case. However eviction under the due process of law is the only legal remedy available to you. File R.C.O.P for Eviction and Arrears of rent.
(Querist) 09 June 2017
Thank you Mr. Azhagananth, also plz suggest, in case of filing arrears of rent,the number of months I should show that the 'rent' is due?Since we don't give any rent receipts.. Actual due rent is 4 months for one shop,3 months for other two shops..and 5 months for 4th shop.
(Expert) 11 June 2017
it is the duty to the tenant to prove he has paid rent with out any arrears,so directly say months due for rent with amount due now.
Pre-Legal notice is mandatory - so issue a legal notice for eviction on the grounds of wilful default and personal need of the property and arrears of rents. for each shop separate Pre-notice and case..
after sending notice also file a caveat petition before respective civil courts.
(Querist) 11 July 2017
One of the tenants is ready to enter into a new agreement with revised rent.Should I go for a Leave and Licence Agreement or Lease Agreement,so that in future it would be easier for me to evict him in case of willful default? Also if anyone can provide me with an expert approved Leave and Licence agreement sample,it would be a great help!
(Querist) 17 December 2017
Hi everyone,I did file a case against the tenant in July 2017.They did not fight the case at all.Now the court is going to do ex-parte in favour of me.I want to understand what does it means and what we will have to do after that?
(Querist) 19 December 2017
I request experts in this Panel to kinldy reply....