Tenant eviction from shop for bonafide need of landlord

Ruchin Mittal (Querist) 30 March 2012 This query is : Resolved
Dear Sirs,
I have a shop in My Own House which was rented some 20 years ago . Now I need that shop to Set up Business of my Son
who is Unemployed .I don't want to sell the Shop . I will use it for my own Business. I am Retired Central Government Employ and My son was a Engg College Student. He needs that shop to set up his own Business & office . I have filed a Court Case in August 2009 . But Still not Got any Judgement in my Favour . My Son has zero Income . The opposition Advocate keeps not delaying the case by giving false "Daleels".
Can I get immediate Passesion my Shop on Grounds of " Bonafide Need " and use Judgements*** of The Honourable Supreme Court of India to speeed up my Case in My Favour (*** http://www.indiankanoon.org/doc/647443/)
Uday Shankar Upadhyay & Ors. vs Naveen Maheshwari on 18 November, 2009
Bench: Markandey Katju, R.M. Lodha

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Raj Kumar Makkad (Expert) 30 March 2012
These citations shall be beneficial for you at the time of argument so try to sped up the hearing. Your lawyer should be wise enough to get the desired results within a short period.

ajay sethi (Expert) 30 March 2012
your lawyer can oppose applications for adjournments . request court to impose costs . guve last chance to defendant .

you wont get immediate posession but you will get the tenant vacated ultimately on account of bonafide need .

Ruchin Mittal (Querist) 31 March 2012
Dear Sirs ,
Shri Makkad Ji & Shri Sethi Ji

Thanks a Lot for Your Immediate Response to my Query . This is very Helpful .
Thank you very much indeed that is very kind of you .

Thank You.I really appreciate Your Advice & Help.

I Would also like to tell You that On my last Hearing of the Case(24- March) The Magistrate ... Rent Tribunal Rajasthan Talked to me after the Hearng ang told me that I will Win the Case very soon(Next Date 28-April).
He Scolded the Tenant's Advocate for Delaying the Case But has given One Last Chance to the Opposition Tenant's Advocate saying that it was his Right to Get One Last Chance .
But I am still worried if He Produces some Other False Argument and Further Delay the Judgement. How should I Prepare for this " Final Chance "
Thanks
Ruchin Mittal
Kota Rajasthan

V R SHROFF (Expert) 31 March 2012
If at all Opp Advocate demand Adjournment, ask COST, and shortest possible date. ask date every 8 days! How many adjournment & last chance opp adv will take??

this adj 24-3 to 28-4 is a very long period. As Magistrate is with u, try dates every week.

G. ARAVINTHAN (Expert) 31 March 2012
Initiate Eviction proceedings on the ground Own use

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 March 2012
Eviction is not that simple. The matter may be taken by either side to revision and thereafter HC and even SC.

The tenant can contest on the point of greater hardship against eviction.

ajay sethi (Expert) 31 March 2012
court has assured you that judgement would be pronounced soon . the reason why court has given last chance is to prevent tenant advocate from alleging that he was not given an opportunity to place his case on record .

have patience .

Ruchin Mittal (Querist) 01 April 2012
Dear Sirs,
Respected Experts ,
I wanna Know on What Legal Arguments a Tenant can Avoid Eviction if the Landlord has Filed the Case On Grounds of Bonafide Need .

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 April 2012
For solutions of such problems you should engage a local advocate.

Guest (Expert) 01 April 2012
I endorse the common views of the experts.

Tenant eviction from shop for bonafide need of landlord

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