p joshi (officer) 18 February 2011

40 years of tenancy

We have a property in Gujarat. The property is on ground floor and has one separate room we call office.
About forty two years ago we had tenant who occupied the whole area and they had kept a lodger. The tenants moved out but the lodger remained in office room and paid us a small rent. Initially he gave us in writing that he will move out whenever we request that. Can we now legally get him out if he does not want to leave, after forty years ? His grown up sons have their own flat where the tenant spend most of the time and eats but still comes to the office a few ahours every week to retain occupancy.

I am an NRI and want the property to sell it as vacant. Previously I had asked the tenant but the price was out of his range and now its completely out.

Please advice quickest options.

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3 Replies

niranjan (civil practice) 18 February 2011

You may be calling it office but what is the use by tenant.If he is using as residence,you can get him vacated as he is having alternative accommodation. You will have to file suit.

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p joshi (officer) 19 February 2011

Thanks,

The room has always been used as a residence He arrived as a young single man and then got married after a couple of years in that room and raised a family until the grown up children left to set their own flats and daughter go married and went to live with her husband. The tenant then became a widower .

Hence he stays with one of his sons and now uses the room as a resting area occasssionally sleeping there in the afternoon once or twice a week and simply collects mail and keeping a foothold.