Vivek (Self) 13 August 2012

Eviction of tenant

Hello Sir / Madam,

We have a empty site which we have given it out for rent to a marble dealer. The tenant has been there for 3 years now and the rental agreement expires on 15-09-2012. Since i am 57 years old and need the property for personal use and do not wish to renew the agreement. I have been giving him oral notice from past 6 months and also a written notice on 2-08-2012. Innitially during the oral notice he said he will vacate the property, but now he is not willing to vacate and he is threatening that he will make us pay 10lakhs. Each time I try to talk to him, he changes his stand asking for more time i.e., 1st time he said he wants time till Dec 2012 and now he is telling he can't vacate till March 2013. He is trying to buy time by stating that transportation of marbles is a huge cost and the new place will cost him high rental. I myself have shown him various properties to help him but he is refusing since all are charging him market price as rent and currently i am charging him very low.

He has built a 2 room shed which he uses as his office, for which he has not taken our consent nor the municipality permission. The site has not been commercialised.

There are 3 person, father and his 2 sons. The elder son is the agreement holder. He is never available to talk nor meet from the day i asked them to vacate. His younger brother does all the communication and says that my brother is out of town each time i go to meet him at my property.Since my personal attempts of meeting him went in vain, I have sent him a registered post with ackn. due on 06-08-2012. Anticipating his reply to my notice, he will ask time till March 2013( Stating transportation problem, high rent other places, good business established here etc.), which i am not willing to give as i need the property urgently for my personal use.

Please advise as to what steps i need to follow to make sure he vacates on expiry of the agreement.

Please do help me as i am a senior citizen facing great difficulty and harrassment.

If required please contact me on : 9886089319

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5 Replies

Adv. Mahesh Zille (Advocate, Pune) 13 August 2012

u can file suit

surjit singh (Assistant) 13 August 2012

Wait for the reply of your notice and basing on the reply you have to proceed further. Whether you have asked him to vacate the rented premises in your notice? After expiry of the agreement do not accept the rent, let see whether they deposit the same before the court or not. Then consult any good civil lawyer and proceed with the case.

Naveen Kumar (service) 13 August 2012

The original agreement holder is his elder son. so he always not available at site nor for talks. If Mr.Vivek files a case, to whom the court will execute summons. for executing summons it self will take at least 5 to 6 months, [ stating that person not available] in case the summons served also owner needs to wait for at least 2 to 3 years to finish the case then execution proceedings, appeal etc., etc.,

So Mr.vivek rather than waiting/fighting for 2 to 3 years in courts it's better you request them to vacate ASAP and please tell them your problems why you need that immediately [ i know you have already come across this stage]. At last you dont have any options other than approaching court.

Vivek (Self) 13 August 2012

1.What about the illigal shed he has built to run the office? The site has not been commercialised yet. But still he is operating his business from there.

2.Can the Police intervene and get him vacated?

3. He is not willing to make a new agreement with new terms and conditions and demanding that only 10% hike should be made as mentioned in the old agreement( Incase i have to give him time).

4.Can we ask the electricity/water board asking them to cut off all the facilities after the end of the contract on Sept 15 2012?

Naveen Kumar (service) 14 August 2012

Sir, If you really want to fight with him

01. Just give compalint to BBMP with regarding illegal construction of shed so then the Revenue inspector will inspect the place and take action. Show him the document since it's vacant land

02. No police will just give endorsement asking you to approach court, hence it's civil in nature

03. For this you need to approach court only

04 No you cannot ask them to discontinue the facilities provided by them unless he fails to pay the bills.

If you feel that he dont vacate even after notice period just file a case for eviction