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Nitin Jan (Business Development Manager)     23 May 2011

How to throw away the tenant


We have rented our independent house (Jaipur, Rajasthan) some 5 years back, just because of good experience we had prioir to this, we have not been in any agrrement with the tenants. When we have asked the tennant to vacate the house he has refused to do so. We are in urgent need of our house.

Please let me know the best possbile way to get back my own property.


Thankn n Regards


 6 Replies

M.Sheik Mohammed Ali (advocate)     23 May 2011

first send the notice for own occupation of permises and file a case against them the same reason, it will finished around 1 year, have you any  mistake the tenents.

Advocate M.Bhadra   23 May 2011

In your query you did not mention whether you issued a rent receipt to the tenant  or the tenent is defaulter or not ,whatever may be now you should send a legal notice by terminating the tenancy and call upon to quit vacate the house  for your own ocupation and requirement in terms of C.P.code as well as respective Premises Tenancy Act. If the tenant would not comply the said notice then you file a suit for eviction of tenant in  pro;per Civil Court.

rajesh saharan (ADVOCATE)     23 May 2011


Mohammad Ahmad & Anr. ....Appellants Versus    
Atma Ram Chauhan & Ors. ....Respondents
If present and prevalent market rent assessed and fixed between the parties is paid by the tenant then landlord shall not be entitled to bring any action for his eviction against such a tenant at least for a period of 5 years. Thus for a period of 5 years the tenant shall enjoy immunity from being evicted from the premises.
New Delhi
May 13, 2011

Shailendra prasad singh (Lawyer)     23 May 2011

file a eviction suit on the ground of personal necessity. it is the single remedy to vaccate ur flat.


ankit gupta (legal)     23 May 2011

friend the simplest way is that you go to your house, call the local police station they your house has been illegally tresspassed and that you have been theretned to life and limb as you like if protested, mark a mail to the DCP and ministry website.


the court case will fetch upto time immomerial. further once the possession has been obtained the matter can be decided by judicial decree.

secondly if there exists no contract or agreement then same can also be used agains the tenent, and they can be asked to show the agreement.


G.L.V.Ramana Murthy (Advocate)     24 May 2011

if there are no rent laws viz., like building lease eviction laws in teh state where you are residing , the property law applies. issue notice terminating the lease and file the suit for eviction of the tenent from the demised premises. as soon as the notice under section 106 T.P.Act is issued he has to pay damages for use and occupation. file the suit for recovery of arrears of rent if there is any. if the conditions of the lease attracts the local rent laws, go according to them asking for bonafide requirment of your stay in the buiding .

Ramana murthy

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