How to evict the tenant

srinivas (Querist) 04 April 2016 This query is : Resolved
sir i had given a flat on leave license in pune .agreement was regd and even tenant information form was submitted at concerned police station as per laws of the land.
licensee suddenly passed away during a surgery and his wife is neither vacating the flat (eventhough she is not staying there) nor paying the license fee . we have not recd the license fee for past 5 months and sixmonth has started. deaceaseds elder bother is not ready to settel things as he says it her brother wife who has to take action.pl help
how to proceed further to get the vacant possesion of the flat and dues following the rules.

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Guest (Expert) 04 April 2016
the lease has expired because of the death of the party. you should first send her a legal notice through your advocate for vacating the premises as the lease has expired and she is even not interested in paying the rent and entering into agreement. the lawyer should also press for the accrued rent along with interest because of her illegal occupation of the flat. if she settles the issue after the notice, well and good or else the lawyer should file a suit.

Rajendra K Goyal (Expert) 04 April 2016
Send legal notice followed by the court case for vacating of the premises and payment of rent / damages.

Devajyoti Barman (Expert) 05 April 2016
Well, silence there is repeated default of payment of license fees , you can file a suit for eviction of licensee.
Send an eviction notice first and then file a suit then.

dev kapoor (Expert) 05 April 2016
Hi,
Lets simplify the proposition.Without presuming that it is a case of 'lease' and consequent illegal possession,why don't we presume that its a case to be dealt with under the provisions of the State where shop is`situated etc/cause of action takes place.
...
If it is a case of 'license',the qnr can simply file a suit for mandatory Injunction ans get relief.On the other hanb if its a case of tenancy,it has to be dealt with under Houses and Shops Rent Control Act applicable in that state.
Well, if your tenant's widow is not a 'tenant holding Hi
Tenant can file a suit for eviction under the relevant grounds of Houses and shops Rent Control Act....if licensee file a suit for mandatory injunction against original tenant's wife and others.Under TPA remedy is available in cases of leases only. ovr=3r

srinivas (Querist) 06 April 2016
sir
as i mentioned in the beginning
it is a leave license agreement for 22 months duly regd in pune corporation limits
licensee is no more and licensee wife has signed as a witness to the agreement.
now she is not vacating the flat and paying the dues.
i am a govt servant and whether sending of notice and during further court proceedings will he can create hurdles and file a counter case for me under the pretext that she is single lady having a small kid of three years and non working and without any
support from inlaws or parents side.
how much time it make to get the possesstion and approximate how much legal expenses i will have to shell out.pl let me know whether
any advocate who is part of this forum handling this kind of matter is ready to take up this case and if yes pl give contact details

dev kapoor (Expert) 06 April 2016
Mr.Srinivas,
In my considered opinion suit for mandatory injunction is the appropriate and quickest remedy.Consult some Civil lawyer and dont waste time.
Relief of "damages" may also be added in suit for MI.

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