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Tenant registering a false case

Querist : Anonymous (Querist) 28 February 2011 This query is : Resolved 
Hi,

My dad rented out two commercial shops to a tenant. He has not paid rent for last 7-8 months and gave various personal reasons like his financial condition is not ok,his son is not ok etc to my dad for not paying the rent. Nor did he pay the electricity bill. When we asked to evacuate the shops, he paid the elcricity bill and filed case against evacuation. He gave the reason that we have another shop in which we can do whatever we want.Now my dad and me need that area as we want to start our own coaching center for which we have registered licence too and some specified space is required if want to startup authorised center of any university. We need those shops as only then the space specification will be satisfied and we'll be able to start our center. Please advise what to do? We are in an urgent need of our shops.
FYI, there are no legal agreements nor any rent reciepts.Moreover he earlier agreed to evacuate but later on filed this case.
Adv Akhtar Ali Sheikh (Expert) 28 February 2011
when was it rented out? Is it tenancy or leave or licence in case of former you have to file an eviction suit, in case of latter if you have registered the leave and licence agreement you have to approach the competent authority to make him vacate the shops.
Querist : Anonymous (Querist) 28 February 2011
It was rented out two years back.We don't have any legal documents as some known to person had requested us to rent the shop to this person for some time and after that the neighbor backed out and we were left with no other option.
How long does these evition suits genrally run?
Advocate Bhartesh goyal (Expert) 01 March 2011
File a eviction petition before Rent Controller or civil court on the grounds of default of payment of rent and on bonafide pesonal necessity.


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