Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mukund (advisor)     24 November 2009

I WANT TO FILE CASE AGAINST TENNONT

DEAR SIR,

I HAVE 4 SHOP  TENNONT IN MY 35 YR OLD BUILDING. THEY ARE 30YR OLD TENNONT AND IN NOW DAYS THERE TENNONT SON DOING BUSINESS ON MY PROPERTY. AND I WANT MY SHOP FOR MY SON BUSINESS.  BECAUSE I DO NOT HAVE ANY OTHER SHOPS TO DO BUSINESS.

CAN U PLEASE EXPLAIN ME IF I FILE CASE IN MAHARASHTRA NASIK DISTRICT. APPROXMETLY HOW MUCH TIME IT WILL TAKE IN COURT.

I KNOW THERE IS NO SUCH TIME LIMIT IN COURT BUT I M ASKING BECAUSE MY SON IS MATURE NOW HE IS 28 YR OLD  AND I HAVE TO SET UP BUSINESS LINE TO HIM IS THERE ANY SPECIAL RULE AGAINST TENNONT?

IS THERE ANY NEW RULE OF TO RELESE CASES FAST 2 TO 4 YR

 

PLZ HELP ME

THANKS

 



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 November 2009

 Time for disposal of any case depends upon the work load in the court. Also talk to your lawyer about that. Give a legal notice to your tenants and file a suit for eviction / recovery of possession on the ground of bona fide requirement  for the bussiness of your son under the maharashtra rent control act.

tanmay (lawyer)     28 November 2009

i do agree with archana... consult a lawyer who has good knowledge in maharashtra rent law.. as every state has seperate rent law.. one thing is for sure considering the age or ur building rent la w is applicable... the best and he fastest way is as suggested by  Adv archana  file eviction suit on the ground of bona-fide need...

Dhiren Akbari (advocate)     05 December 2009

consult a good lawyer in this matter and eviction suit is the best option with you.

mukund (advisor)     16 December 2009

plz tell me approx how much time it will take in court   just  for knowing   if it takes 10 to 15 year then its no use . plz explane me is there any new rule. 

i m asking because my son need shop now or near 2 to 5 yr near future if it iwll take 10 to 15 yr for case then its no use plz

tell me approx time or any new rule in maharashtra rent act

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 December 2009

You should cotact to a local lawyer for that purpose,

rajkumar.vnm.marupeddi (advocate)     24 December 2009

In Andhra Pradesh, if the monthly rent of any tenement is below Rs.3500/- Rent Control Act will apply. the land lord can seek immediate possesion of tenanted premises for her/family's personal occupation. This right accrues to a land lady who is Widow or handicapped person or who is of the age of 65 years.IN such cases, the land lady/petitioner is entitled to speedy disposal of the case within short period. If the monthly rent of the tenanted premises is more than Rs.3500/-, the provisions of Transfer of property Act will apply. In such cases, particularly, in absence of any valid agreement for certain period, the Land lord/lady need not assign any reasons for seeking eviction of the tenant. But prior Quit notice under Section.106 is required to be issued to the tenant, informing him about the termination of the tenancy. Ensure that the said Quit Notice shall be served upon the Tenan. However, you consult with a local lawyer who is well versed with the both the similar Acts applicable to Maharashtra. I think, there must be such type of provisions under relevant Acts of State of Maharashtra.

subhash kumar (advocate)     26 December 2009

you can file the petition for bonafide need , as the said shop is required for business of your son and the same be evicted on the bonafide need .you may read the j landmark udgement given  by justice S.N.Dhingraand in the short period of 2 to three years can get the shop.

Subhash Kumar, Adv

P B Dalal (Landlady)     05 January 2010

Where can i obtain the full Judgement of  Justice S N Dhingraand ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register