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Gaurav Bhatia (BDM)     04 May 2010

Eviction of tenant (No legal rent aggreement)


My grand mother (widow) owns a commercial property in delhi measuring 1024 Sq Yds out of which she sold 100 Sq yd to a person Mr. X who is also a tenant in the same property. He has taken 600 Sq yds on rent (out of 1024 Sq yd). There is no legal rent aggreement in place. He has got electricity and water connection in his own name (on the grounds that he owns 100 sq. yd.) and supplies the same electricity and water to the portion that is on rent. Now my grand mother wants to sell this property (because she wants to get the property vacated from Mr. X) Under which section can she evict the tenant and what other reasons can be stated to get the property vacated. She do not want to accept his rent (rs. 18000 per month) and is requesting him to vacat the premises. Mr. X is adament and says that he will not vacate the premises. What should be the best procedure to evict him from the rented portion. How long it can take to get the property evicted. What is the best solution for this problem.


 6 Replies

R.R. KRISHNAA (Legal Manager)     04 May 2010

First send a eviction notice through a lawyer on the ground of requirement of premises for own accomodation/giving for children/grandchildren.  Then file a the eviction petition before the rent controller.

Swami Sadashiva Brahmendra Sar (Nil)     04 May 2010

Do not accept further rent and file a case for eviction alleging him a tresspasser.

srikanth kumar bandari (advocate)     10 May 2010

Mr Gourav send a Legal Notice through Advocate U/s 106 of Transfer of Property act, if your tenant replies to the notice well and good, if he does not reply then file a suit for eviction and Mesne Profits after giving (15 to 20 days time) to vacate, I don't think your case falls within the Delhi Rent Control Act as you stated  that the rent is Rs 18,000/- P.M. it is purely a Civil Court Jurisdictioin of Delhi and as far as time factor is concerned it will take nearly 3 to 4 years in Lower Court, then afterwards  Ist Appellate Court, then HIgh Court, then Supreme Court. Why I am saying this because already there are lakhs of cases are pending in each state and if your case is added to that then you can image the date, time and result of your case. The best solution for this problem is to try to convince the Tenant to vacate the premises smoothly/peacefully with talks, still if he does not do so then proceed legally and evict him with due process of law, but not illegally, So pl consult your nearest advocate and discuss your case with him/her.

amit (advocate)     08 June 2010

do not accept the rent and file a eviction suit against tenant  making base of personal nessasity of your business or of any other family member. but before this step try to make tenant to vacate peacefully.

Bobby Mani T (Lawyer)     02 August 2010

For a proper answer i will have to understand how many years lapsed now after Mr. X get into possession of the 100 yards.  Either you can say he is a tresspasser or else you can file an eviction suit under rent control act.  you must get a good legal advice before you take any steps.

yajuvender (store manager)     28 December 2010

Dear All,

This is to inform you that i had apply for personal loan in hdfc bank. As per bank i have to submit my rent aggrement copy along with some documents.

But my land loard is not given me rent aggrement copy.

Kindly halp me out is there any other option



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