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VIKAS SINGH (CEO)     14 July 2016

Rented property disputes

Hello,

My father purchased a property in Allahabad in 2003 & we are settled in New Delhi. We constructed a G+3 building(with semi underground) on the land and since 2006 we rented it out to a doctor who said that he would run a nursing home on G+3 excluding the outer part on ground floor and semi  underground portion and agreed to pay some minimal amount on a monthly basis & agreed to increase 5K monthly every consecutive year. Every year we make a new agreement of 11months and give a gap of 1-2 months in between. Everything was OK until last year but doctor started furnishing some portion of top floor.Besides that my semi underground was vacated recently because that guy shifted his godown to some other place and then doctor asked to open x ray center there. Instead of not agreeing, he started painting walls and already purchased an x ray machine and kept in that room. So, my question is that if I want him to evacuate my property what the legal points I may stand before sending him the legal evacuation notice. Most likely he is NOT going to vacate the place. Also, If I start a case against him  in courts ,will he have a vantage point because he is running a "nursing home"? Obviously I am not going to fight a case in courts for half of my life. And this is the only property my father could purchase in his whole life time earnings. Please suggest legal procedures and any witty stuffs that I may apply so as to vacate my property. 
P.S.- That doctor's own father in law is a lawyer so it might be a really tricky situation !



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 3 Replies


(Guest)

Well it seems you know what law is. You have mentioned that is not paying any heed to your requests I dont think there is anyother way than approaching the authorities in this regard. Send him a legal notice and if even then doesnt move you should approach court.

Gagan Kumar (Lawyer)     14 July 2016

Hi Vikas,

Forum discussion may not give you concrete solution. You need to consult a lawyer over the phone or need a face to face consultancy. If interested you can contact GK & Advocates Law Firm (www.gkandadvocates.com) based in Delhi NCR. It will save your time too.

NARENDER RAO BASAVARAJU (Advocate)     21 July 2016

If your tenant i.e the said Doctor is determined not to vacate the place because of the advantage of the guidance of his Father-in-law, who is a lawyer and also the plea that he is running a nursing home, then there is no short cut approach except a legal action.

The required legal procedure is to approach a civil lawyer, who is more experienced in tenancy matters in your area.

However, i would like to conclude with the details of  a similar case in Hyderabad.

Some time back a famous  actor of  Mumbai rented his building in Hyderabad to a nursing home.The owner of the Nursing home was well-known Doctor and he behaved in a similar way as your tenant. The actor approached the court. Though it took time,finally the said Doctor had to vacate. Neither the contacts of the Doctor nor  the plea that he was running a nursing home could save him.


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