wishal (sr) 19 April 2016

Tenant not vacating property 25 years old for personnel use

respected seniours,

my dad's father has rented shop 25 years back to xyz person. in just 20 rs rent. we were use to give the rent receipt on xyz persons name. now my brother need a shop to start a hospital.

shop is of saloon. and xyz was person's brother was running the shop since 25 years. now that xyz person has expired 4 years back and they dont have any issue. just her wife. his brother is now now vacating the shop and rent is just 250 rs. cost of the shop is 15 lac rs. we have filed a case 5 years back for vacating the shop as tenant expired. now the case is going to start on board. so i need a urgent advice for the ground on which we can win the case.

1 teant expired so his brothe can continue? or we can take this ground

2 my brother runs hospital on rent. so we are paying rent so he has to vacant for our hospital purpose? can we take this as strong ground.?

3 what proof should be gather extra to win the case?

4 any other ground or documents can we collect which are helpfull?

5- any judgements which are helpfull in this type of case where hospital is the strong ground

thank you.

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3 Replies

Sankaranarayanan (Advocate) 19 April 2016

Well you find the details from your advocate sure he /she will guide you

adv.bharat @ PUNE (Lawyer) 19 April 2016

1) Lease agreement is expire since tenant is died.

2) Want of necessity is ground that can be taken in order to prove that u require that hospital for ur legal need.

3) No need to gather any thing extra since the existing facts are really much more sufficient to prove ur need.

4) Since ur brother run hospital on rent basis even though u have ur own. You were taking penny amount as rent from them. u can get case law from manupatra depending up on ur state u can select as per considering facts of case . U have ur own merits of case.

Thanks