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james jacob (Business)     21 August 2008

Eviction - Advice Required

Ashok is the owner of shop through partation effected in jan 2008.
Mohan father was a tenant of Ashok's father with respect to a shop in
Both Mohan's father and Ashok father have expired.
In 2004 after the expiry of Ashok's father,
Ashok requested Mohan to vacate the premises for self occupation and use
Mohan the filed a false suit of injunction to maintain the status quo
against Ashok and his mother.  After partation on jan 2008, a notice
of tenancy and subsequently notice of termination
( tenancy termination date is 20 june 2008)
has been sent to Mohan. Now a case of eviction has been filed.
Ashok is aware that Mohan also occupies an additional tenanted shop next to Ashok's shop.
Also Mohan's has another shop, whose location Ashok is not aware, as
he has forgotton the name after Mohan mentioned the same.

Advice/Suggestion is required for
a. Whether to accept/reject the rent after termination of tenancy ( after 20 june 2008 )
b. How can Ashok get information to prove that Mohan is occupying and running business
   next the shop owned by Ashok. ( These docs need to be acceptable by court)
c. How Ashok can get information about Mohan's shop whose location Ashok has forgotton.

Advices/Suggestions are greatly appreciated




 4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 August 2008

Even if you know the details of the Mohan s other buisness or shops ; it will not help you in getting eviction.

Your presumption that case for injuction by Mohan is false.

He has all the right to get injuction and maintain status quo.

To get eviction you have to show genunine reasons of your need which must be superior than the needs of  the tanent.

Regarding acceptance of rent ; it  is your right to get it  till you get actual possession.If the tanent fails to pay rent it will be a solid reason in your facour to get eviction.

Pl also note that for termination of tenancy the notice sent by you is very important. A smart Advocate can fish out admisssions by you and technical faults in favour of the tanent and your whole effort of getting possesion may fail if a wrong notice is given.

Please note that rent laws are loaded in favour of the tanent so unless you have an iron clad case there will be defficulties for you to get posession.

james jacob (Business)     22 August 2008

Injunction suit is filed by Mohan, stating that Ashok and his mother used bad elements and tried to illegally evict, which is false. That’s the reason it is stated a false injunction suit.


Also Mohan says that the shop in question is the only source of income in injunction suit,

He will definitely use the same reason as primary defense in the eviction suit ( original suit) , with this I in mind, would not information regarding the other shop and business of Mohan help Ashok.


Termination notice primarily outlines the requirement of Ashok for bonafide use and occupation as he intends to do self independent business, and now he is working in   private company.


Suggestion and Advice are greatly appreciated.











Ajay kumar singh (Advocate)     22 August 2008

Please note that owner is always owner and he has every right to recover possession of the tenanted shop if he bonafide requires it.

james jacob (Business)     26 August 2008

Thanks for you advice, we work out appropriately.

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