old difficult tenant

mamta (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?

Follow Query

Report Abuse

Adv Archana Deshmukh (Expert) 18 August 2010
As you are a joint family of 11 members, so you'll reasonably need all the 12 rooms for your family.
That the premises are reasonably and bona fide required by the landlord for occupation by himself is also a ground for eviction under the Maharashtra Rent Control Act. Give him a legal notice that you require the house for your bonafide need, then file a suit for eviction against him on the ground of bonafide requirement.

Devajyoti Barman (Expert) 18 August 2010
Right

s.subramanian (Expert) 19 August 2010
Yes. I fully agree with Adv.Archana

mamta (Querist) 19 August 2010
Thank you so much, experts. I am satisfied that we can make our own house our own way.

IS it likely that as he has no other house he may win the eviction case? Or ask us to make few rooms for him in our new construction.

We dont want this even if he agrees to bear the cost of the making rooms for him in the new construction.
Please suggest.

mamta (Querist) 19 August 2010
Thank you so much, experts.
SORRY IF I WAS NOT CLEAR. the 4 rooms he has in possesion are not included in the 12 oher rooms we have. So it makes a total of 16 rooms.

Please suggest.

DEFENSE ADVOCATE.-firmaction@g (Expert) 19 August 2010
Mamta madam the Maharshtra rent control act is not your favour.

You can not get eviction through the court in the circumstances you have described.