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Eviction of shops in residential area.

(Querist) 13 October 2015 This query is : Resolved 
Dear Sir,we have a residential house in kanpur and few shops as part of the premises.there is no agreement done or no receipt given for the rent as the place was given on needful grounds, only 2 shops had a casual written agreement of 10 years which has already expired .
How to approach to take back our own premises.
What preparation should we do before resorting to any legal action?
Any way by which we can peacefully resolve this issue?

How long it might take if case taken to court?
Anirudh (Expert) 13 October 2015
The fact remains that you had rented out the premises to run business. Whether you gave any receipt or not be of any help. Having given the premises on rent, now if you want it back, you have to show your bonafide requirement. You will not be able to terminate the tenancy just like that unless show that the premises is required by you due to your bona fide requirement.

Once the case reaches the legal forum, it will take years to get resoled.
Kamal Grover (Expert) 13 October 2015
As per law, after death of person whom you let out your shop, you have right to evict the same.
Other option is complain in the MC office about illegal shops in residence area meant for.
Your purpose will be solve.
Good luck.
adv.kamal.grover@gmail.com
Rajendra K Goyal (Expert) 13 October 2015
Agree with the expert Anirudh.
P. Venu (Expert) 13 October 2015
What do you want - to evict them or to regularise their occupation through written deed or agreement?
K.S.Srinivas (Expert) 14 October 2015
Agreed with Sri Anirudh.
T. Kalaiselvan, Advocate (Expert) 19 October 2015
I too agree with the opinions and suggestions made by expert Mr. Anirudh.


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