Eviction of Tenant
Querist :
Anonymous
(Querist) 15 May 2011
This query is : Resolved
My late grandfather had given an industrial shed in Vadodara, Gujarat to a Partnership firm for their business purposes in 1980. There is no agreement to the effect. In 1995, the firm got converted into a privte limited co. The rent was not revised since 1980. After lot of persuation, they increased the rent marginally in 2007. Now i have been again pressing for increase in rent but when they did not respond, i asked them to vacate the premises.
They have replied back stating that they are the statutory tenants and that the rent was increased in 2007 to my satisfaction and they are not considering the matter.
Request experts on the matter to provide some solution on how to get the place evicted or rent increased.
M/s. Y-not legal services
(Expert) 16 May 2011
You can file a R.c.o.p for fixation of fair rent, also if you have grounds mean you can file a eviction suit..
Guest
(Expert) 16 May 2011
file a rent control petition to the rent controller in order to evict or fix rent on market value
Advocate. Arunagiri
(Expert) 16 May 2011
As the present occupant is a private limited company registered in 1995, the previous possession by any of its promoters will not give the right to this new company.
The company is not having any agreement with the landlord, the company is a trespasser. So, initiate criminal action against the company.
Querist :
Anonymous
(Querist) 16 May 2011
Dear Mr. Arunagiri,
I fear, the tresspasser stand may not hold good since the tenant has been giving rent vide account payee cheque and the same is also received by us. The point that the firm was earlier an partnership firm and later on converted into a private limited company would be how strong to get the industrial shed vacated.
Dear Mr. S. Ganeshan,
If I file a rent control petition for fixation of rent as per the market value then what is the procedure adopted by the rent controller for fixation of rent as per market value. Can an eviction petition be persued simultaneously.
Dear All Experts,
When the tenant is writing back stating that he is "Statutory Tenant", i believe he must have taken some legal advice before writing so. Request some more light on the issue of "Statutory Tenant".
G. ARAVINTHAN
(Expert) 16 May 2011
File a suit for declaration to declare him as trespasser and for recovery of possession of suit property
Querist :
Anonymous
(Querist) 16 May 2011
Dear Mr. Aravintham,
I have been receiving rent regularly. I believe proving him tresspasser will not be possible.
Guest
(Expert) 16 May 2011
Dear Anonymous,
Your fears are valid. The year 1995 was the right time to get vacation, as the status of the firm changed in to a registered company, which is an independent and statutory person, as per company law, other than your previous tenant. Now since you have started accepting rent and that too after getting due increase after that, they become the deemed tenant, as already accepted by you by accepting monthly rent from the company. So the company is now your recognized tenant for the last about 16 years.
Of course their plea that they are statutory tennant, is totally wrong, as tenancy has not been statutorily recognised along with the recognition of the company. The company does not hold any statutory right to permanently acquire tenancy in a person's personal property. Some difficulty may definitely arise in vacation, but not impossible to get vacation.
They can get shelter of law as a tenant, but not as a statutory company, when you take up case in any court of law. So, unless you show your dire need for the property for your personal purposes, the law may probably not come to your rescue.
The other alternative can only be making them agree to vacate on some mutual understanding with some compensation.
Querist :
Anonymous
(Querist) 16 May 2011
Dear Mr. P S Dhingra,
1) I would not like to shell out money at this stage for getting the place vacated. Can I state that my mother or wife would like to start a new business at this industrial shed and hence i require the shed to be vacated. (i.e., prospective use of land)
Alternatively...
2) Is there definite way for getting the rent increased to the current market rates.
Advocate. Arunagiri
(Expert) 16 May 2011
I still stand by my opinion, the private limited company can be treated as a trespasser. You have not permitted them as a tenant.
You are accepting the rent, but, this will not change the status of them.
