Shop vacant , relief to a family
Sayan Poddar
(Querist) 02 August 2016
This query is : Resolved
Dear Sir ,
1) My father in law given rent of two shop to different people in January'2008 , for
1 years renewal contract.
2) Some dispute occure realted to Electicity Connection in Feb,2008 .
3) In 2009 , father in law file file eviction suit.
(Case Number 2745 of 2008,Alipore court,kolkata , 6th Junior Divison)
4) After that due to poor health & financial condition , he could not fight the case .
(his office lockout , still not got any benefit)
5) Shop keeper has paid on only one month rent in February,2008 , they have just one rent receipt.
6) Shop keeper send a money order in March,2008 ,
As case already registered , my father in law denied to accept.
7)There after , 8 years , they are not paying rend , moreover they have build construction and accured
some original property .
8)Now ,present situation ,My Father in law's , elder sister's husband in a worst sitauion ,
her husband got blood cancer (last stage),he could not earn.She has a girl child of 15 years .
To manage the faminly ,My Father in law want to give shop to his elder sister so that the
family can survive.
6) My Father in law want to give shop to his elder sister so that the family can sustain.
(transfer ownership permanently)
My question is that ,
a)Is this will be the solid ground to vacate the shop ?Indicating that Father in law required the shop
for her elder sister ?
b)As this family need immediate relief , can we ask for speedy trial from high court ?
Can we ask pending rent from the shop keeper ?
c)Is there any way to know that a shop keeper is paying rend to rend control or not ?
The Mater is from The State of West Bengal , Budge Budge Police station , PIN CODE: 700137
I am posting the same as some expert advice me to do this.
Thanks
Ayan
H.M.Patnaik
(Expert) 02 August 2016
If you want to pursue the matter after a gap of 8 years, first you have to gather connected papers i.e. case file containing copy of petition filed alongwith evidentiary documents, case no., court & last known date of hearing if any .
In case any advocate was engaged locally ,get in touch with his office to ascertain present status of the case or engage any experienced local lawyer to obtain certified copies of court proceeding, documents and other papers filed before the court, then only one can advise you on further course of action if any.
H.M.Patnaik
(Expert) 02 August 2016
If you want to pursue the matter after a gap of 8 years, first you have to gather connected papers i.e. case file containing copy of petition filed alongwith evidentiary documents, case no., court & last known date of hearing if any .
In case any advocate was engaged locally ,get in touch with his office to ascertain present status of the case or engage any experienced local lawyer to obtain certified copies of court proceeding, documents and other papers filed before the court, then only one can advise you on further course of action if any.
Guest
(Expert) 02 August 2016
Once a defaulter, the tenant can be easily evicted with court order.
Courts are bound to give speedy relief to all litigants, but cannot give hasty relief. Do not ask pending rent from shopkeeper, as such an act shall go against your cause.
If the tenant has been paying rent to court you should have received notice of the same.
Contest the case, but it is doubtful that you will get arrear rents beyond 3 years.
adv.bharat @ PUNE
(Expert) 03 August 2016
Agreed with expert opinion.
Do according to expert advice you will be benefited.
Rajendra K Goyal
(Expert) 03 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Shop-vacant-immediate-relief-610256.as
http://www.lawyersclubindia.com/experts/Shop-rent-and-eviction-case-580071.asp
