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anoop (consultant)     04 July 2012

Tenant not vacating shop


My parents live in Kota Rajsthan and my father has given our 2 shops on rent due to weak financial situation. there is no written agreement and we gave in good faith. Now they are not vacating the shops. They filed false case against us that they have threat from us. When our lawyer replied in the court to the notice asking to provide documentation that they are our tenants they are unable to produce, however court keep giving them more time in each hearing. its been now 4-5 hearings.

For out of the court settlement they are asking 10 laks and we do not have that kind of money and why should we give money to vacate our own only paternal property.I am really feeling pissed off and helpless...

When we asked our lawyer what if we file a case, he says straight away that he cannot make sure even if we can win the case and judgement could take anywhere around 10-15 years...

We even took the help from local police whom my father knew, but he got transferred to another city.

Tenants have taken support of a goon and head of a local sindhi association. They know that court cases take years to be decided and are at very comfort and have stopped paying rent as well...they smile at our faces and we are helpless...

Can someone help me out know what are the chances of winning if we file our case to rent controller in kota...i know judicial system in each state is bit different and its not a good situation in rajasthan..



 1 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     06 July 2012

Dear Anoop,

First of all  no shop should be given on rent with out any contract or agreement , whether in good faith , Very important  under which act you have filed your pettition that matters a lot , you can win the case as the property is yours , what is the stage of your proceedings what are thee defenses all this matter . If possible for you to give more details it will be easy assess to your case.

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