Eviction of tenant for own occupaytional use
Querist :
Anonymous
(Querist) 27 October 2009
This query is : Resolved
Sir/ Madam,
I am a practising CA, my father in law owns ancestral property. This property is divided into two parts- 2 shops facing the road and the remaining area used for our residential purpose.
The said 2 shops have been given on rent long back by my father in law' father. As regards one of the shops, my father in law has filed an eviction case after unsuccessful informl requests to the tenant. As i am in need of premises for starting my own practise, we have filed such eviction proceedings.
The lower court has already ruled in our favour, however the tenant has appealed further citing that the lower court has ignored his hardship pleas and that the lower court has ruled inefficiently.
The case is in process, the next higher authority being the High court.
I would like your expert opinion on:
1. Similiar case references-
Supreme court rulings and other Court rulings details.
2. Hardship is suffered by us too, his claim seems preposterous, just to milk the situation to his advantage by trying to emotionally pressurise us.( He has already accepted having 2 other businesses apart from the one he carries in our premises)
Kindly give your learned opinion on the matter. Thanks
Raj Kumar Makkad
(Expert) 27 October 2009
Personal necessity is a best ground for eviction of tenanted property. You have equity in favour. Tenant has no say in this matter. There are numerous citations on this ground in your favour.
Sachin Bhatia
(Expert) 27 October 2009
As you said the lower court has already ruled in your favour, so need not to worry, tenant has appealed further it is his right. You have to defend the appeal.
adv. rajeev ( rajoo )
(Expert) 28 October 2009
now the rent control act is amended, so many decisions in favour of land lord has come in karnataka u can refer the decisions. U have got a good ground.
Querist :
Anonymous
(Querist) 31 October 2009
Thanks for the replies :) Would you please give a list of specific cases, citations which I can refer for details therein? I would like to read the cases in detail. Appreciate your help....
