Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Radhakrishnan (Government Service)     26 November 2008

Eviction of unauthorised occupant

Sir

Can I get know the procedure for  evicting an unauthorised occupant under Property Act, 1952 and Public Premises (Eviction of. Unauthorised Occupants) Act , 1971. Any notices to be isssued? If  so format pl. The unathorised occupant is a retired central Govt. servant and he is overstaying in the qrs. allotted to him and refuses to vacate the same.

thanks

-Radhakrishnan



Learning

 9 Replies

SANJEEV SRIVASTAVA (LAWYER)     26 November 2008

After notice go for suit for possession and future rent alongwith pendentelite interest


 

Adv.Shine Thomas (Advocate)     26 November 2008

You can file a suit for eviction under the Rent Control Act.

N.K.Assumi (Advocate)     26 November 2008

Yes, sanjev and Shine has correctly stated the legal requirements.

Tribhuwan Pandey (Advocate)     26 November 2008

Under Public Premises (Eviction of. Unauthorised Occupants) Act , 1971-first send him a notice under section 4. Format of the notice is given under PP Act as Form "A.  Manner of service of notice is prescribed unde rule 4 of PP Act. If he does not vacate the premises after serving the notice, move before the Estate OfficerUnder Public Premises (Eviction of. Unauthorised Occupants) Act , 1971-first send him a notice under section 4. Format of the notice is given under PP Act as Form "A.  Manner of service of notice is prescribed unde rule 4 of PP Act. If he does not vacate the premises after serving the notice, move before the Estate Officer under Section 5 of the PP Act. Estate officer if satisfy will pass an eviction order, again he does not vacate the premises then by the order of estate officer you can use the force. under Section 5 of the PP Act. Estate officer if satisfy will pass an eviction order, again he does not vacate the premises then by the order of estate officer you can use the force.

K.C.Suresh (Advocate)     27 November 2008

Hallo Tribhuvan thanks for the answer in detail

Radhakrishnan (Government Service)     28 November 2008

Dear sir,


thank you very much for your detailed reply.


-Radhakrishnan

prof s c pratihar (medical practitioner &legal studies)     28 November 2008

in a govt qtr after retirement , not vacating for years.estate officer of govt housing estate first issued notice  followed by force after expiary of notice. these are all public premises.there is no illegality or in correctness.what is written above based on evidence of eviction

mahesh (executive)     08 October 2011

iam hilding a lease under 30 years , could any onegive me notice under PP act before expiry of lease period

mahesh (executive)     08 October 2011

iam holding a land under 30yrs lease period, can somebody give a notice for eviaction before 30yrs


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