shop on rent not vacating
jasvinder singh
(Querist) 03 August 2012
This query is : Resolved
respected sir,
i have a tenant , of shop in nagpur , maharastra,from 1993 with unregistered and no duration of tenancy is mention in that agreement. but last year we made a registered agreement of ONLY 11 months and his tenancy has been lapsed on nov.2011 and now he is not vacating the shop... he is having a wine shop over there...
is it is not possible to vacate a wine shop tough it is a revenue generator for the state...
please help me .
R.K Nanda
(Expert) 03 August 2012
Issue a legal notice of eviction to ur tenant to vacate shop in one months time failing which file eviction petition against him in court.
jasvinder singh
(Querist) 03 August 2012
thank you sir.
but recently we had filed the suit at rent control officer as per u/s 24 of maharashtra rent act .but he is not responsing good.
should there is option to go at district court or at high court.
ajay sethi
(Expert) 03 August 2012
let order be passed on your suit .
Raj Kumar Makkad
(Expert) 04 August 2012
Rent controller is the only authority to take care/hear such eviction matters and no District or High Court. Appeal can be made there but initial case is required to be filed there which you have already done. Now you have to peruse your case vigorously and effectively.
jasvinder singh
(Querist) 04 August 2012
thanks sir.
but it is possible to evict the wine shop ????
prabhakar singh
(Expert) 04 August 2012
If it is unlicensed Wine shop then it shall afford you an additional ground of eviction.
If is licensed one it shall not confer him any more right to stay beyond his tenancy rights just because sale of wine generate revenue for state as you are wrongly fearing.
