Helding of arrerars for rent by tennant

Querist : Anonymous (Querist) 23 December 2010 This query is : Resolved
A tenant was paying rent for 15 years regularly. No agreements or receipts were made. Now when asked to vacate the premises he has got an ingestion petition from the court. And has not paid rent for at least for four months now.

He has also rented a vacant land near to the shop as a gudgeon and has combined it with the injection. On what basis can this situation be approached and how soon can this properties be got back?

(It is not only the shop for the owner)

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Devajyoti Barman (Expert) 23 December 2010
The landlord can file a suit for eviction of the tenant on the ground of reasonable requirement of the tenanted property and also on the ground of default. Alternatively the landlord can make such counter claim in the suit of the tenant.

s.subramanian (Expert) 24 December 2010
The land lord has to issue a legal notice to the tenant seeking the shop for bonafide personal occupation or for any other reason contemplated under Sec.10 of the REnt Control Act and proceed for eviction through court.

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 December 2010
Well I am for the tenant.Things are not easy for landlords inspite of no of Judgements even upto SC. Tenants loose only because they do not defend from day one.

So in your case starting from not giving rent reciepts is criminal offense. In some state laws there is daily fine for non issue of per rent reciept.

H. S. Thukral (Expert) 24 December 2010
If your concern is non-payment of rent, you can file a suit for recovery. If on this account you want to terminate the tenancy you have to file eviction petition or suit for possession as per rent control laws or as per provisions of Transfer of Property Act which ever is applicable. Hire services of an advocate and proceed accordingly. As far as advice from this forum is concerned non-payment of rent is ground to evict the tenant but he can escape from it by paying the rent. Another ground for eviction, as suggested by ld. friends herein is your bonafide requirement. If the rent laws are not applicable you can terminate the lease asper TPAct and recover the possession.

Satyendra Kumar Pandey (Expert) 24 December 2010
If your concern for rent only then do as Expert Harbhajan Singh told to you but if you needed that tenanted portion then you have two options:
1. File a suit for recovery of rent and eviction and got the decree through the appropriate court o the grounds of arrear of rent and sublet.
2. File a suit before prescribed authority for need of tenanted shop for your personal need if you have no source of income or any of your family member is not employed then for his livelihood.