Eviction of tenant
anilkumar yadav
(Querist) 18 March 2013
This query is : Resolved
My father rented a shop in 1997 to a homeopathic Dr. and he hasn't opened to shop since 10 yrs. My father passed away in '09 leaving me and an elder sister. My house in dilapidated condition and the Dr and his wife at govt. jobs. My house has four shops only the 1 homeopathic is rented now I want to vacate the shop to rebuild the premise.
Kindly suggest grounds to evict the shop. The shop was tenanted on verbal agreement, he has no proof of agreement. The abovesaid building is in Delhi and my lawyer is suggesting to file an eviction petition on grounds that the rented shop doesn't fall under DRC Act..
plz give suggestios...urgent need.
Thanks.
Raj Kumar Makkad
(Expert) 18 March 2013
You have very strong grounds of eviction petition like closure of the shop since last 10 years especially when the tenant is already in govt. job, your own need to get vacation for the purpose of renovation of the property, loss to the property, non deposit of the rent etc.
Devajyoti Barman
(Expert) 19 March 2013
You can file suit for eviction on the ground of re building the shop.
prabhakar singh
(Expert) 19 March 2013
The closer of shop, dilapidated condition, tenants in govt.job,your need,non payment of rent all are ground.
Get a notice issued by municipality for reconstruction as it is in dilapidated condition.
DRCA applies or not can be verified only by going through it's provisions.
R.K Nanda
(Expert) 19 March 2013
no more to add.
Adv k . mahesh
(Expert) 19 March 2013
thus is he paying rent regularly without opening the shop
go for eviction petition because his materials will be there in the shop and in proper way with the existing grounds you will get the shop in you hands and you can construct the building again
