old difficult tenant
Querist :
Anonymous
(Querist) 18 August 2010
This query is : Resolved
Dear experts
I am a doctor, having a residential property in nagpur. our house (under rent control act)was built in 1940's on a leased land in residential area(the current lease till 2037 makes the total duration of our lease 107 years).since last 40 years we have a tenant who started living when my grandfather was staying in that house. since 1998, when my grandfather expired, he has stopped paying rent (which is meagre amount of 300 Rs) as we wanted him to leave( only verbal request).
But in a year he sent us a legal notice that he had been paying rent regularly but now as we are not collecting from him he will be depositng this meagre amount in the bank directly. (the current rent of this area is 10000 minimum).
we assume he has been depositing 300 in our name since 1998.
Since 1998 we were not staying in nagpur, but in a nearby city. So apart from other tenants who came and went,he has stayed.
NOW WE HAVE STARTED STAYING IN THE HOUSE. and we want him out of our house, Which has 12 rooms ?(he has four rooms in possession)
POINTS for our consideration
1. we want to reconstruct our house in a modern way as it is not a RCC structure.
2. our present structure has toilets outside the house, so the whole design has to be changed.
3. we are a joint family with 11 members total(includes a divorcee sister).
POINTS for him
He is a retired deputy collector, 65 years.
He has three daughters, no son.
He has no other house in possession as he says.
FINAL Sentence
We want to make our new house without him in our premises.
IS this possible and duration?
H. S. Thukral
(Expert) 18 August 2010
Only relevant factor which can help you is that he owns another house. If that accommodation is enough to meet his requirement then he has to move to that accommodation. Kindly confirm the status and file an eviction petition.
