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Ramesh (def)     05 December 2009

Personal Need

Hi,

I am planning to put litigation of premises eviction against my tenant based on following :-

1. Delayed Payment of Rents - He has always delaying the payment of rent from the scheduled date. I have a proof of one month's checques which is almost 12 days late than the actual date for payment of rent.

2. Personal Need : I have a house of 2 floors , but i am not able to keep good relations with my son. So i want to move my Son into the house and give him an independent accomodation.

Does these suffice sufficient reason for eviction.

 

Thanks

 



Learning

 5 Replies

Shree. ( Advocate.)     05 December 2009

Dear Sir,

  If the age of the building is five years or more, then you can file a Petition for eviction before the Rent Controller concerned, if you can make out a ground for wilful default of payment of rent by the tenant or if the tenant has sublet the premises without your consent, converts the use of the building from residential to non residential or vice versa, commits act of waste and damage or if the tenant is convicted for using the premises for immoral or illegal purposes, if the tenant causes nuisance to neighbours or if the tenant ceases to occupy the premises without justification for a continuous period of four months or more, or if the tenant denies your title to the property without bona fides or if you require the building for your own bona fide use or that of the family members. You can also recover the building for demolition and reconstruction if the condition of the building warrants the same and you are in a position to financially or otherwise to demolish the existing building and reconstruct the same. better approach your lawyer for further details..keeping this points on mind.

Ramesh (def)     05 December 2009

Thaks Sir.
In my Case the building is not old enough.  I got the flat from the builder abt 1 year back only.

The flat was rented only 7 months ago on the basis of rental agreement for a duration of 11 months. Other conditons like one month notice for vacation are all there in the agreement.

I am being just harassed by the tenant as he has little respect towards the agreement clauses like due date of the rent and as well as towards legal procedures.

So i have made up my mind to file Suit in civil court. Hence in such scenarios wanted to understand that will the late payment habit and my personal need form a good case for eviction of flat.

Thanks

 

 

 

 

prakash vathore ( lawyer)     05 December 2009

my dear ramesh, the person u have inducted in ur flat on the basis of the leave and licence agreement that means he is merly a licensee and not the tenant, secondly delaying in the payment is not the ground for eviction while personal need is the good ground but u can't use that coz that person is not the tenant.

better u give him notice for termination of leave licence agreement on various groun and ask him to hand over possession with a month of the recipt of the notice.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 December 2009

i agree with prakash

Ramesh (def)     06 December 2009

Thanks a lot Mr parkash and Mr makkad.

Does that mean that points in agreement like due date of payment of rent carry no significance and tenant or licensee at his will can pay rent on any date.

Also i had sent him one month notice thru registered AD which has come back to me as he has not accepted the same. Shall i now go ahead and file a civil suit against him

 

 


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