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Aftab Bharmal (Developer)     12 April 2016

Eviction of a tresspasser/tenant as bonafide requirement

HI, 

   first of all thanks to all who contribute to the forumns and impart their knowledge on a public domain. 

 

My grandfather had given a open piece of land to neighbour for doing buissness almost 40+ yrs back.  the property was later transferred to my grandmother who is not a literate person. with passage of time the neighbour's sons started taking her thumb impression on a receipt of rent payment Rs 15/- for it. 

 eventually my dad purchased the property from my grandmother. and filed a case against the occupants of property as tresspasser around 20 yrs back. which due to lack of information and few other reasons was denied and the tresspassers were  considered as tenant as per the judgement. 

now almost after 10 yrs. i would like to utilise that piece of open land to start my own buissness . The third generation of the tresspasser/tenant is still occupying the premises ( there were four sons of first generation out of which 3 got their own seperate business and the one occupying have 3 sons out of 1 have his own seperate shops nearby )  . 

My questions are. 

1) do i / my father (current owner of property )  need to send the notice for eviction ? if yes to whom should it be addressed. 

2) is my requirement to start my own business with my brother in law considered as bonafied in eyes of LAW. 

3) I am from saurashtra gujarat. . which rent act is applicable there.?

4) Any chance that we can get possession back of our property  and if yes I would request if you could help with the exact section of the Act that we need to invoke to get the results. 

 

Thanks. 

Aftab 

 

 



Learning

 4 Replies


(Guest)
File suit for ejectment...for personal needs and claim speedy trial..

Aftab Bharmal (Developer)     13 April 2016

Thanks you for the reply sir. 

 

 My concerns are 

1) the time taken for last suit was around 10-12 years.  I would like to know at most what are the possible grounds on which tenant would respond against the ejection and how long could the suit go.  if it goes for another 10-15 years  i would be sufferring losses in many ways. plus  my buissness growth will be effected due to delayed start which is not recoverable. 

2) Do we have to send a notice for eviction for personal use before filing a suit.  ? 

3) According to which Rent ACT and section can I/we  ask for the ejection . in Gujarat.  as i heard laws differ from state to state. 

4) most of lawyers my dad met aren't interested in even talking about eviction of a tenant who has been there for such a long period. so is It possible that the suit is directly filed without a lawyer. ?  

Thanks. 

Aftab 

Aftab Bharmal (Developer)     23 April 2016

Finally we found a lawyer who is ready to pursue.. But as per him as we became owner after 1965 that rule does not apply to us. We became owner by sale from grandmother to us in 1987

Aftab Bharmal (Developer)     23 April 2016

Finally we found a lawyer who is ready to pursue.. But as per him as we became owner after 1965 that rule does not apply to us. We became owner by sale from grandmother to us in 1987

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