shubhra (owner) 08 October 2010

tenanct acquired another ship during tenancy

In haryana I have filed an eviction petion against my tenant on grounds that he own a shop and have put in court the tax assessment copy of sale deed and got it proved from tehsildar and also the tenant has agreed owning to that.

The shop the tenant owns is quite bigger than the shop he has rented from us.

The is case is on the stage of dw and the dw are to be closed on the next date. When we filed this case in 2001 the act said about eviction of a tenant owning his own reidential building and the said provison was for only residential proferties.

Now after the ruling that commercial and residential buildings are at par. Is my case strong enough. The shop he owns and rented are both on ground floor.

I run my business from first floor. Can i file another suit taking personal necessity.

My business in on first floor and the shop rented is on ground floor. I am 80 year old.

Kindly suggest

is my this case is strong enough ?

and should i file another eviction petion on ground of personal necessity of ground floor for running business ?

PLEASE GIVE RELEVENT CITATIONS FROM SUPREME COURT OR PUNJAB AND HARYANA HIGH COURT

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6 Replies

Radhey (Owner) 08 October 2010

I feel that u should have incorporated this plea of personal bonafide requirement in Ur current lawsuit from the very beginning.

But now u can file a fresh suit of bonafide requirement,showing your old age,old age illnesses (if there are any),requiring to be shifted from first floor to the G floor.As far as I know a tenant can be filed for "n"number of issues.

But I am no advocate ,so cross check my info,I might be wrong,better consult two three local advocates.Consultation is more important that even filing the case.If a case is well prepared even before filing,winning is more probable.

Radhey (Owner) 08 October 2010

Better u put ur query in expert section here at LCI.

cyberlawyer (barrister) 08 October 2010

You can file an amendment petition at any stage of case to add facts in your pleadings. But the same should state the reasons clearly as to why you have not brought these facts in your first petition itself. If the reasons are satisfactory then the petition may be allowed. Or if you can prove that your tenant became an owner of the property (which is bigger than the rented portion) only after initiation of eviction proceedings, then you have a fair chance of success... Nonetheless your case is stronger only. Dont worry. Your lawyer must be knowing all these i suppose....

shubhra (owner) 09 October 2010

Dear sir

The tenancy is of year 1989 and the shop he acquired in 1995 and the eviction petition was filed in 2001 when we had information about the tenant having acquired/purchasede another shop which is about 4 times of the exisiting shop and is with rights of the roof as well.

shubhra (owner) 09 October 2010

Originally posted by :shubhra
"	In haryana I have filed an eviction petion against my tenant on grounds that he own a shop and have put in court the tax assessment copy of sale deed and got it proved from tehsildar and also the tenant has agreed owning to that. The shop the tenant owns is quite bigger than the shop he has rented from us. The is case is on the stage of dw and the dw are to be closed on the next date. When we filed this case in 2001 the act said about eviction of a tenant owning his own reidential building and the said provison was for only residential proferties. Now after the ruling that commercial and residential buildings are at par. Is my case strong enough. The shop he owns and rented are both on ground floor. I run my business from first floor. Can i file another suit taking personal necessity. My business in on first floor and the shop rented is on ground floor. I am 80 year old. Kindly suggest is my this case is strong enough ? and should i file another eviction petion on ground of personal necessity of ground floor for running business ? PLEASE GIVE RELEVENT CITATIONS FROM SUPREME COURT OR PUNJAB AND HARYANA HIGH COURT	"