bicerin (Partner) 23 July 2013

Eviction notice

Hello,

I have inherited a Factory where the land and building is in my personal name, and it has been leased to the Factory. The Late Owner, had allowed 4 families to stay in that premises without taking any rent or without taking any electricity, water, etc expenses.

The male members of the family work in the factory. One of the Families had left for their native place, and without my permission a relative of theirs was staying in their room. I had caught him, and put my lock on that room, keeping all the things as it is inside. On return, the male member broke open the lock without informing me, and is now staying again inside. This particular male member is a nuisance creator, and I want to evict him and his family from the ``free room'' that he is currently using, and is under my ownership.

What can I do? Please help.

Thanks,

BIC

Reply Follow

2 Replies

Hemang (Advocate) 23 July 2013

You should issue a notice to the factory owner (main tenant) and also a notice to the stranger and a tress-passer. Ask for handing over the possession. Sue both of them as you might not have permitted the factory owner to allow the stranger to live there. It amounts to breach of condition of lease. Hire the service of a good lawyer having a good knowledge on particular subject.

bicerin (Partner) 23 July 2013

Dear Hemang,

Thanks for the input. In this case, the land was owned by my father, and the Factory is a Partnership firm of my father and mother, wherein, my father allowed the Partnership firm to use the land. Now I am the working partner in this Factory and also the owner of the land. The worker was allowed to live there, without any agreement or rent or expenses as I mentioned above, but he gave the premises to his relatives in his absence, and then when I caught them, and locked the door, he broke open the door and is not living there.

Want to really get out of this situation, and want the nuisance creator out. What can I do legally here? Is he a tenant? Since we do not collect any form of rent or expenses from him, and his room is completely free, and there has been no agreement with him? What can I do now?

Regards,

BIC