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Lalit Mehta (Service)     04 September 2015

Eviction of Tenant with Multiple owned Properties

Friends

I have a tenant who owns a property since 1983 at Nashik. They left the rent property in 1995 or so on demise of their family head. I have filed a case in small courts Mumbai.(which is going as per law typically with the tenant depositing rent in court after court's order, and dates,dates & dates)

I am following the procedure of Eviction as advised by my lawyers. I have proofs of their ownerships which are submitted to court.

My question can a Tenant keep  a property on hold and have multiple owned properties outside Mumbai.If so what are my chances of getting back my property which I require for my actual use for my growing family.



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 3 Replies

Adv. Deepak (Advocate)     28 January 2016

A teant definitely cannot keep a property on hold and have multiple owned properties outside Bombay.  However, your success will depend on facts and circumstances of your case.  What isthe exact stage in the Court?  How the matter is put up by your lawyers?

Lalit Mehta (Service)     31 January 2016

Thank you Advocate Deepakji. I have now filed additinal documents of proofs oftheir residences  outside,sourced legally and have filed amended plaint in the court. 

Feel the case is on right path,however the Indian courts are overloaded and hence slow.

Need i do anything further,please advise.


(Guest)

Non use of premises --- First you need to give evidence on it 

Without resonable cause --- at this statement you should state or eveidence they have alternate accomodation , additionally I feel opp. party will take point they don't have premises in mumbai. you insist they are not residing in mumbai additionally not intendend to stay in mumbai and there is no resonable cause for not using premises before 6 months before filling of suit. 

Additonally press since since it is from 1995 the property is getting damaged since it is in lock position and it is creating trouble to neighbours since it is never maintained

Well this are points which may be used while constructing case or at time of final argument. And opp. side will surely press he has no residence in mumbai you press he is not intendend to reside in mumbai just keep some premises lock and key in mumbai  



 


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