Querist :
Anonymous
(Querist) 14 April 2010
This query is : Resolved
sir i am a young just graduated lawyer.
a client approached me to file a eviction suit against his tenant.
the tenant is supposedly using the house for commercial purpose with out permission.
The rent is presently 10000 per month. He wants to file a case in RC for rents to the tune of 30000 as there are 2 registered and 1 unregistered office running in the rented portion let out for rent.
How do i give a notice and can i file for claiming rent to the tune of 30000. since the day of registering such office illegally.
pl advice. Is there any sites from where i can get a proforma of the petition to be filed.
adv. rajeev ( rajoo )
(Expert) 14 April 2010
You will have to issue notice u/s 106 of the Transfer of Property Act claiming that the shop is for the personal use of the owner. One month time should be given to the tenent to vacate the suit premises.
Raj Kumar Makkad
(Expert) 14 April 2010
You should obtain the performa from the Rent Control Act and rules of your particular State. It is very simple.
Make grounds of eviction as non-payment of rent, change of use, sub-letting, diminishing the value and utility but make the most forceful ground as Personal necessity of the landlord. This is the best ground for eviction of the tenants these days.
You can claim for Rs. 30,000/- per month from the very first day of registration of rent-deed.
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