VACATION OF SHOPS

Hardeep Singh (Querist) 05 September 2009 This query is : Resolved
MY GRANDFATHER GAVE TWO SHOPS ON RENT ABOUT 35 YRS BACK. NOW I AM THE PRESENT OWNER OF BOTH SHOPS. I WANT MY SHOPS TO BE VACATED BY THEM. BUT THEY ARE REFUSING THE SAME. I AM A CENTRAL GOVT. EMPLOYEE (INDIAN RAILWAY). I WANT TO TAKE VOLUNTEER RETIREMENT AFTER 02 YRS AND THEN MY SERVICE WILL BE 20 YRS.

Q.NO.(1) CAN I FILE A CASE FOR VACATION OF MY SHOPS ON THE BASIS OF RETIREMENT THAT I WANT TO DO SOME BUSINESS IN THESE SHOPS AFTER RETIREMENT ?

Q.NO. (2) IS THERE ANY OTHER REMEDY TO VACATE THE SAME ?

IT IS ALSO INTIMATED THAT THESE ARE FLAT-CUM-SHOPS.

PLEASE HELP.....

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Raj Kumar Makkad (Expert) 05 September 2009
Urban Rent Control & Eviction Act permits you to get your shops-cum-flat vacated showing your own need. Your ground of vacation is a solid ground and rent petition shall be a success.

Kiran Kumar (Expert) 05 September 2009
Hardeep Ji, personal necessasity is the best ground for getting the shop evicted.

i dont know in which state u are living, but my suggestion is u can file petition on the basis bonafide/ personal necessasity.

i know the tenants cause harrasment, if u intend to do out of court settlement even then its good.

but if u wish to go for litigationn then it may take 4-5 years, but u r having time.

nature of property for ur purpose does not matter.

take help of local lawyer as soon as possible.