Eviction from rented premises and Self possession.
Santhosh
(Querist) 19 March 2016
This query is : Resolved
Sirs,
My tenant filed a case against us seeking permanent injunction which was granted by the Honble court.
Tenant is staying in the same residence 5 years prior to injunction and 9 years aft getting injunction.
We badly need the rented premises for 1. self use as our family is grown larger 2. and we intend to start an office on our name 3. the present portion we reside is in a very bad state with uprooted flooring, broken doors which need total renovation.
>How do i get back the possession? The tenant is not interested in vacating the rented portion.
>How long will it take for a order from the court aft filing?
>What will be the tenants position, will the courts consider their plea? or will the court consider ours.
>What are the BEST GROUNDS to get an eviction.
>Considerable stay has be granted n there is no necessity for them to stay in our rented house.
>We badly need back the rented portion.
Pl advice.
Thank you Sirs.
Devajyoti Barman
(Expert) 19 March 2016
File a suit for eviction on the ground of bona fide need.
If you have good case which appears to be so from your query then certainly you will get the decree.
Rajendra K Goyal
(Expert) 19 March 2016
It is difficult to get them evicted otherwise than court orders or amicable settlement.
Dr J C Vashista
(Expert) 20 March 2016
1. Where is the property (demised premises) located e.g. metropolitan/city area or rural, to find out/ascertain whether the tenancy is governed by the (State) Rent Control Act or Transfer of Properties Act?
2. What is the restriction/restrainment granted by the Court against you (the landlord)?
3. How much is the period of tenancy and rate of rent? Did you issue rent receipts? Whether the tenant is paying rent regularly or defaulted?
4. Whether the Lease & Licence/ Rent Agreemnt is oral or writeen; registered or unregistered:?
You have missed vital informations,
however, you can get the premises vacated on proving your "bonafide requirement" as advised by expert Mr. devajyoti Barman, I agree.
Consult a local prudent lawyer for proper analysis of documents/circumstances and guidance and proceeding.
In Delhi, if you feel like, may contact/ meet me;
Dr. J C Vashista, Advocate
Delhi HIgh Court
Cell# + 91 9891152939
email: majjagdish@yahoo.com
