Eviction of commercial property

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
Dear All,

I am having a commercial proprty and given it for rent. My tanent is running a Super Market. I have made a register agreement with him for 3 years. It is going to terminate by 30-11-2012. The rental amount is Rs. 20,000 per month. As we want to start our own business after termination of lease agreement informed the same to tanent. He was stright away regected to vacate the premises after lease agreement. We surprising and thinking though we have registered agreement how can he challenge with landlord.

In addition he told as he is paying the rent regularly without fail, he can challenge the eviction petition against landlord(even though after termination of lease). How can it possible? Can you please explain us? We are under tremendous pressure now. Waiting for your reply.

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Naresh Kudal (Expert) 18 April 2011
In last month of Agreement give him a notice under section 106 transfer of property act through an advocate, terminating his tenancy and to handover the possession of the premises to you.

If he refuse to do so, then you can file a case for eviction. This is not a defense for him that paying regular rent enable him to hold possession over property.

You need not to take any pressure at all.

Querist : Anonymous (Querist) 19 April 2011
Thanks for your reply Naresh ji.

Actually his intention is to pass the time in the court as it is Civil case. He is challenging me that as it is Civil case it will take 10 to 15 years to solve the issue. Is it possible to me to get my property back with in 1 year through court. As he is polotically infuenced person I am bit afraiding.

Also can u explain me on what grounds he can argue to delay the case.

One mre thing Naresh Ji. He has chain of super markets. It is registered as Kautil Super Market Pvt Ltd. So will it give any advantage for us ?

Jitendar Kumar gupta (Expert) 19 April 2011
you can get back your property after the stipulated period.
J.K.Gupta ADv.
guptajkin@gmail.com

Querist : Anonymous (Querist) 20 April 2011
Hi ,

Thanks for your reply.

Finally I have one more doubt.

I have taken advanced from my tanent of Rs,200,000 as a caution deposit. This was written on Rs100 bond paper. According to that I have to return that amount while he vacating the property. This agreement was not registered.

But We have registered Lease agreement. Will this make any trouble for me while I am going for eviction petition against my tanent at the end of agreement termination time.

Somebody told, if we mention advance in lease agreement, registartion fee is so high. So we made seperate agreements. One is for advance which is un registered and another one Lease agreement which registered.

So if advance in not mentioned in registered lease agreement, will it give any problem to me at the end of termination of agreement.

Waiting for reply. Thanks in advance.

Jagadesh