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Hardik   20 February 2019

Landlord – tenant dispute

My grandfather had purchased a property a decade back, the property basically is a chawl which has 1 room houses. When the property was purchased all tenants of the property got together, questioned and refused to recognise ownership and finally the matter went into litigation. Court after weighing the arguments passed judgement in our favour twice. However, few tenants, even after being advised to maintain status quo and work towards resolving the conflict, have gone on and made illegal structural changes in propery are now trying to encroch the common (open) area under variety of pretexts. Rent paid by them rightnow was set some 20-25 years ago.

The property is based in Gujarat.

May i please seek this forums help to understand couple of things.

1) How do we stop the encrochment once and forever and how do we get rid of illegal structural changes made by tenant in property?

2) How do we plead to the honorable court to look at revising rent and help us set it at current market rate. 

Thanks in advance to members of the forum.



Learning

 1 Replies

Kishor Mehta (CEO)     21 February 2019

(1) You can file an eviction suit for unlawful construction/encroachment, (2) The Gujarat Rent Act does not permit rent increase unless substantial renovation has been carried out at the property.

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