Advocate Bhartesh goyal (advocate) 31 July 2021
You can file eviction petition against tenant on the grounds available to you.
Shubham Bhardwaj (Advocate) 31 July 2021
Dear Ms Mumtaz,
Once a person has come into possession of a property such as a tenant, he can only be evicted as per law i.e. the tenancy law. I completely agree with learned Advocate Sh. Bhartesh Goyal G. You must file an eviction petition under your local State laws to evict tenant on the grounds available such as personal use, family emergency need etc etc.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
Dr J C Vashista (Advocate) 01 August 2021
Well analysed and advised by experts Mr. Bhartesh Goyal and Mr. Shubham Bhardwaj, I endorse and appreciate.
You did not disclose:
Whether original 6 years agreement (presumably it is rent agreement) was registered or notarized or unattested?
Where (which state) is the shop located and what is the rate of rent agreed in the original agreement ? Whether there is any clause for increasement of rent after "some" period ?
What were the circumstances where you had permitted the tenant to enjoy the demised premises without any agreement ?
Did you file eviction petition to know the "result" of the same ?
What is the opinion and advise of the lawyer engaged by you, if any ?
G.L.N. Prasad (Retired employee.) 01 August 2021
At the same time, once again explore the chances of eviction through compromise through friends and relatives as litigation involves delay and expensive for both.
H.JanakiManohar Rao (lawyer) 01 August 2021
Aysha Mumtaz 24 November 2021
G.L.N. Prasad (Retired employee.) 24 November 2021
A lease deed is a mandatory document to be registered under the law, and it is the duty of the lessee to follow the laid down law. Eviction must be as per law and not paying rent is the strongest point in your favor. The only local advocate can get you a remedy and the lessee is bound to pay the market rent irrespective of the agreed one with such penalty for not vacating the premises. Yes. The process may take a decade and compromise is the only shortcut.