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srinivasan (industrial engineer)     13 August 2012

How to eviction tenant



Could someone can suggest me!How to vacate my tenant? We given our home for lease amount of 3lakh with agreement period of 11month in the period 2010 to 2011...since the tenant is my fathers freind we not renew the agreement for the last almost 1year.now we need our home for our own use..when we told him to vacate he told may it will take 6 month or year still we construct new home we wont vacate like that he replied.Orally we told him to vacate within 3 month period.but we lost hope on it he wont vacate the home....regarding this how to i want to deal with this person.If i want to vacate him according to the law what is the process how to approach....incase if i filled a case against him...how long it will take him to vacate..





 8 Replies

Solicitor Chirag Shah (Advocate & Solicitor)     13 August 2012

Pls mention in which city you stay ?

If mumbai then you need to file eviction suit before Small causes court.

SACHIN AGARWAL (ADVOCATE)     14 August 2012

Suit for Eviction can be filed before Small Causes Court.

surjit singh (Assistant)     14 August 2012

Since he is your father's friend deal in humanatrian way, after it appears that the tenant is constructing his own house which may as his vesion take 6 to 12 months. So far the legal side is concerned youcan approach the court for evicting on the point of bonafide requirrement.

Naveen Kumar (service)     14 August 2012

Advice given by Surjit Singh is right, give them some time and also you can ask higher rent since they are constructing new home.  If you approach the court it will take at least 2 years. 

geanna bell (none)     14 August 2012

The tenant is 45 years in the land and they really fight for it. They want to own it. They said, they have now the right to have the land since they live there for so long. We can't evict them.

surjit singh (Assistant)     14 August 2012

As reply to the above  GEANNA BELL question a tenant cannot have any right title on the land. In a recent Supreme Court's judgement which came for appeal in the supreme court belonging from the State of Goa, between two private parties, it is specifically held that a caretaker/Chowikadar etc. cannot claim title in the land how long they stay on it. But  you have to prove that he is tenant.

But they have the first right to buy it at the marketable price in case you sell it, they cannot force you to sell at a lower price.

srinivasan (industrial engineer)     14 August 2012

Hi naveen as you told when we asked him for vacate..He was not saying the exact time simply saying it will take six month or more depends on his home construction then we requseted to increase the rent amount till that he is staying, for that also he is not ready ..And communication between my father and him also got broked due to this..still now very politly we informed him to vacate eventhough he is talking rashly that suddenly  i cant vacate...since we need home now for our own purpose we can wait till six to eight month..my worry is even though if we given time as per his request then also he is not vacating means it will make us more friction and tention..i dont have any idea legally..since if i file a suit how long it will take.what is the bonafied requirement how to get it..if suppose if case filed means how much expense will hapen till it completes...Home is in chennai my father he is staying in first floor and tenant he is staying in ground floor...myself im staying in banaglore for rented home..

Prashant Agnihotri (Lawyer)     03 September 2013

legal suit will consume more time,you need to take some hard methods against the tenants.Make pressure on them,by disturbing them on odd timings.

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