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Khan Mohamed (Business)     08 August 2012

How to evict the tenant

Hi Law Team,

It is to mention that we are the landlords and have rented a shop for pharmacy. Initially we had 3 years agreement and again we renewed for 3 more years. Now we want to vacate our tenant as the tenancy period will end by August 31st 2012.

 

So we have given a written notice for vacation of the property one month back and orally we told six months back. Then the tenant has sent a letter of petition of caveat and then sent one more letter telling that we have renewed the agreement six months back and then mentioned in the same letter to renew the agreement. As we have discussed with him that we have not renewed the agreement six months back, then tenant replied, he himself has renewed for drug license renewal and has done forgery of the signature.

 

1. Now what is the procedure to vacate the tenant as we want the property for own purpose. We want to deal the tenant with respect and professionally with out any other illegal and unprofessional ways.

2. Can eviction order help in this regard? If so, what is the procedure.

Thanks & Regards in advance.



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 August 2012

File a suit for eviction on the ground of your own bonafide requirement of the suit premises under the local rent laws of your state and get him evicted through court order.


(Guest)

On the basis of the prevailing rent laws in your state file a suit for eviction of the tenant on the ground of your bona fide requirement.

surjit singh (Assistant)     08 August 2012

But the bonafide requirement will have to be proved with strong backing. It is seen that onthe ground of  bonafide requirement very few cases are successful.

Advocate Bhartesh goyal (advocate)     08 August 2012

Yes tenant can be  easily evicted on  the ground of  bonafide requirement.   Supreme Court and High Courts ruled in somany judgments that "Landlord is the best judge of his own requirement"so don't bother file a suit for eviction.

Khan Mohamed (Business)     09 August 2012

Thanks for your replies.

Can you please clarify as the tenant has taken a ceveat and in this situation the eviction order can be taken.

 

1. Please explain the detailed process of Eviction order.

2. How long will it take to get back the property.

3. Does tenant also will have an option to restrict or postpone the eviction order which is given?

 

Thanks in advance.

surjit singh (Assistant)     10 August 2012

Since the tenant have filed a caveat petiton you will have to serve the tenant a copy of the petiton before it is filed or taken up by the court. The court will not pass any order without giving adequate opportunity of being heard to the tenant.


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