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Property given on rent

(Querist) 07 July 2008 This query is : Resolved 
Can any1 please tell we have one shop given to person 20yrs back on a declaration dat he will to sewing work in half part of shop. he was regular in payment of rent. And since he has no income we never asked him to he dnt do his sewing work there but not ready to relese my shop. he is senior citizen.what step we can take?
arunprakaash.m. (Expert) 07 July 2008
Ask him to surrender the tenency to you otherwise you file suit of eviction if you requirement for the premises is bonafide.
Manish Singh (Expert) 07 July 2008
its itself a breach of the tenancy term since he is not doing the job for which it was rented out.
Still file an eviction suit claiming reasons provided by Mr. Arunprakash to make ur claim some grounds.
H. S. Thukral (Expert) 07 July 2008
First of all to claim back the shop back as a bonafide requirement, the shop should be a part of residential building. If it is located in commercial area and rent is < 3500 your plea of bonafide requirement is not maintainable. You have not let out the shop to him for running a tailotring shop and as I understand from the facts there is no written agreement too. You have taked about a declaration. Therefore there is no breach of terms of conditions of lease.
He of course cannot sub-let it and therefore if he has stopped making use of the shop request him to surrender the possession to you. Try to be a skilful negotiator.

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