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Rahul (business)     21 November 2010

Tenent Eviction

Hello All,

We have a building which has been rented out to a small company for more than 20-25 years by my grandfather. We have been asking them to vacate the premisses  as the same is required by us to start our own business. We have been asking for more than 5 yrs now. The tenent has been paying rent on time so far. In one of the letter correspondence the company M.D (managing director) has statted that they will vacate the premisses, but no time was mentioned. How can i get the tenent vacated. If i approach the court for tenent eviction will the court favour me as i require the premisses for own use.  And how many years will the court take to provide eviction order.


Please suggest.

Thanks,

Rahul



Learning

 17 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 November 2010

Give them a legal notice terminating their tenancy and asking them to vacate the premises as you require it for starting your own business. If they fail to do so within the stipulated time, then file for eviction in the court. If you can show that your need is bonafide then you will surely get the result in your favour.

Kiran Kumar (Lawyer)     21 November 2010

you can file Eviction Petition against the said tenant under the Rent Laws applicable in your area.

 

personal necessity is the best ground available for a landlord to get a tenant evicted.

Rahul (business)     21 November 2010

Dear Archana,

 

Thanks for your reply, I have B.E degree and 5 yrs exprience in software, I have stated that i want to start my own software business and my brother wants to start his own business in the building rented out. Can you please suggest is these grounds sufficent? how i can prove that i need the building for the above use.

 

Thanks,

Rahul
 

Rahul (business)     21 November 2010

Thanks for the reply Kiran Kuamr,

 

I am new to legal procedings, Can you please tel me how many years will the court take to provide a Eviction order.  (from Rent control to High cout etc)

 

Thanks,

Rahul

Adv Archana Deshmukh (Practicing Advocate)     21 November 2010

 

Mention what business you want to start there, with some details along with documents to support, also state that you do not have any other alternative place of your own for the business. Same thing about your brother's business plan, mention that too. If you can show that your need is bonafide, the court shall allow the petition.

1 Like

Rahul (business)     21 November 2010

Thanks Archana

SACHIN AGARWAL (ADVOCATE)     21 November 2010

I agree with the opinion of Mrs. Archana.

Adv Archana Deshmukh (Practicing Advocate)     21 November 2010

Thx for agreeing & a little correction -not Mrs, it should be Miss Archana.

Rahul (business)     21 November 2010

Miss Archana,
Please reply to this one, this is what is bothering me

Will i be acked to start my bussiness else where to show that i need the building rented out, or will business plan be sufficient to show the need .

Please reply,

Thanks


 

Adv Archana Deshmukh (Practicing Advocate)     21 November 2010

You do not have to start your business elsewhere first to show that you need the premise for that nor the court will ask you to do that. Documents reasonably showing your plan etc is sufficient.

Kiran Kumar (Lawyer)     21 November 2010

dear Rahul, you simply need to show that you need premises for a bonafide need.

 

lack of experience in a particular business or lack of funds will not be a ground to dismiss your petition.

 

you are having qualification and intention to start a particular work from a particular place is enough for you purpose.

 

however, there are certain legal technicalities which are to be taken care of while filing petition, those aspects will be dealt by your lawyer....it will be in your interest to visit some lawyer for your purpose.

1 Like

(Guest)

 

@ Dear Rahul,

Its true that you need to show that you need premises for a bonafide need.

You said that "I have B.E degree and 5 yrs exprience in software, I have stated that i want to start my own software business and my brother wants to start his own business in the building rented out. Can you please suggest is these grounds sufficent?"

Yes, its sufficient ground and you have to show this ground in the court.

One of my friend just cleared CA exam and now he want to start practice ,he is having a premises but the problem is that this premises is rented to doctor who dont vacat this premises.so, you alone are not the sufferer.

Now, only remedy is;

1.Give them a legal notice terminating their tenancy .

2.If they fail to do so within the stipulated time, then file for eviction in the court.

But here be patient as it would take some time in a court probably 2 years or 3 years etc.there are certain legal technicalitiesas kiren kumar said earlier.My friend filed in 2009 now this case is on the issue stage.

Best of Luck!:P

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 December 2010

Under rent act in any state if tenant is more than one year he becomes legal tenant.

For personal needs unless you can prove that your hardships are more than that of tenant no eviction possible.

robin hood (Manager)     02 December 2010

Rahul... i think what Mr.Kiran and Mr.Vyas told are perfectly alright. Just issue eviction notice immediately. Dont delay. File in rent control if does not vacate with in time given.

I myself have won an eviction case in just 10 months of filing eviction. Just keep a good lawyer and you will win it soon. Some courts are very fast these days.


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