Can i file wp in hc for evicting tenant who owns and rented on high rent?
Struggling Landlord
(Querist) 28 March 2012
This query is : Resolved
In my region tenants are protected under Maharashtra Rent Control Act 1999, in which there is no provision for evicting such tenants who has their own property and they have given on high rent whereas they are possessing my property since 1971 at very low rent (2 rs per sq ft per month), In MhRC Act 1999 have provision for bonafied need, But since i am alone so I can demand atleast 1 block now, whereas in my building tenants are more than 2-3 financialy as well as rented their own property. My querry is
1. Can I file WP for evicting such tenants on this ground ?
2. If admitted in HC for hearing then as per my knowledge it may come for hearing after 12-15 years.. else it may get dismissed ?
3. To file bonafied need for 1 block for me against one tenant? and 1 block for my wife against another and 1 block for my son (just 8 years old)? 1 block for my father since he is retired and now wants to sit on counter get himself busy.. and so on ?
Pl suggest...
Raj Kumar Makkad
(Expert) 28 March 2012
1. No.
2. No question arise as this matter pertains to rent controller and not of high court.
3. You can do so.
Kiran Kumar
(Expert) 28 March 2012
writ petition is not made out in this case.
better avail civil law remedies as available in your state.
present your case after seeking advice from a local lawyer.
the things are not done on mere assumptions and presumptions...your case needs professional assistance.
Struggling Landlord
(Querist) 28 March 2012
thanks Mr Kakkad and Mr K Kumar for ur valuable opinions...
