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Tenant stays more than 15 years without any legal agreement.

Page no : 2

minaz dandhala (lawyer)     10 November 2013

You have very strong ground for evicting your tenant, i.e. i. The bonafide need for the personal  use and oocupation     and    ii.  the tenant being defaulter in payment of rent.    Thus on the basis of these two grounds you are sure to win the case. 

You must  first of all issue notice to your tenant claiming the rental amount due for  last number of years and also demand the vacant possession of your premises stating your requirement and necessity for your personal use.  If the tenant does not comply  or refuses to do so,  file the suit for recocery of arrears of rent for past 3 years( waiving rest amount for limitation  reason) and also file a suit fpr eviction and recovery of possession in a small cause court under relevent provision of  the Rent control Act.

You may also prefer another /additional proceeding for fixation of fair/standard rent of the premises, claiming enhanced rate of rent, for the period from the date of filing the proceeding till the date you get decree for recevery of possesssion.

AMIT ANAND (MANAGER)     10 November 2013

Thanks for your kind reply.

Can you please let me know the approx. time court proceedings(case) will take.

minaz dandhala (lawyer)     10 November 2013

It depends on various factors. however if you persue your case diligently it may take  upto 1.5  to 2.5 yrs.

AMIT ANAND (MANAGER)     10 November 2013


tradesinc (owner)     10 November 2017

If you have trouble makers as tenants are in real trouble your life is ruined as there is 0 ptoyrcyion for the landlord in India judiciary people are struggling for 30 years with 0 results and 0 progress the tenant is fully protected by law and can can enjoy the property without paying any rent its his right Indian law . I learn t this the hard way after many years in courts the orders can be set aside in just 1 sheet of paper please never give more than 3-6 months lease agreement..

u will end up spending more than the rent and spend weeks months years decades  in courts

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