How to Evict the shop tenant
Sanjay Sehgal
(Querist) 27 November 2010
This query is : Resolved
Dear All, I have purchased a house property One Year and Two months back. In some area of property a shop is built. This shop was given on rent to a person without makling anr rent deed. The previous owner had asked to us that we have not made any rent deed with tentant and when you will want to evict the tenant ask the tenant and he will evict the shop.
Also we have not made any rent deed with tenant and not received any rent for the use of shop. Now we have the requirement of shop for self use. And we have asked to the tenant to evict the shop but he is threating us with the words that "I am here since long and i will not evict the shop. My father has also taken this shop on rent. Their Photo is on the wall. You can do anything but i will not evict the shop". Kindly suggest us what is the legal procedure to get back the shop from tenant.
adv. rajeev ( rajoo )
(Expert) 27 November 2010
Issue notice to the tenent to vacate the shop, if he failed then file a suit for possession.
Arun Kumar Bhagat
(Expert) 27 November 2010
Issue a notice for eviction on the ground for reasonable requirement.Thereafter file eviction suit.
H. S. Thukral
(Expert) 27 November 2010
I beg to disagree with all the above EXPERTS.
In most of the State rent control acts, there is a waiting period for the transferee when he can ask for eviction of tenant in continuation of tenancy at the time of transfer. Usually it is five years. Therefore before acting on the advice of the Experts check up the law.
Kiran Kumar
(Expert) 27 November 2010
find out whether any rent law is enforced in your area/ state or the state govt. has enacted any Rent Act for the said state.
if yes then its better to move under the provisions of the said act. personal necessity is best possible ground available with a landlord.
every state has its own rent laws so its better to contact some local lawyer for proper procedure.
ashish lal
(Expert) 28 November 2010
agree with Mr. Kiran Kumar
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 November 2010
Rent act are more or less similar all over country and basic protection against eviction is available to tenants.
Notice or no notice just by change of landlord ; tenancy can not be terminated.
And pl note that SC has even directed that assignment of tenancy even to a stranger is permissible.
Pl refer vasant pandit vs Dr anant subnis decided on 12.4.1994., by SC.
