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IMTIYAZ HUSSAIN   03 July 2017

Suit for possession

I had taken a property on lease for the period of 10 years through registered lease deed. The lease was expired on March 2017. Now the lessor want me to hand it over to him. I am running a hospital on that property which is delivering good service to local people over there. Now the lessor has filed a suit for possession against me. Please tell me what are the defences available to me and what are his chance of success in this case. Please let me know whether I can take defence of bonafide requirement as I am ready to pay rent. Moreover I am providing good services to the public over there. In short please tell me my defences


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 2 Replies

Raveena Kataria (Advocate )     03 July 2017

In most likeliness, since the lessor has not consented to extending the lease, and he'd already served you notice to vacate the premises before filing for your eviction, the case would be ruled in his favor. You can try to make your case with the help of a local advocate, however, stating you are ready to continue paying rent and highlighting public's interest as your ground cause, but you must manage your expectations. The decision shall purely rest upon court's discretion (which shall account for all the facts and circumstances unique to your case.)

IMTIYAZ HUSSAIN   04 July 2017

Thank you for your valuable advice.

 


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