Civil Procedure Code (CPC)

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ShivAbhishek Malik   20 July 2021

want to remove tenant

Mere ghar me he 1 shop hai, jo mere father sahab ne 18 saal phle kiraye pr diya tha.
USS samay 11 mahine ka agreement bnaya tha, uske bad koi bhi agreement nahi bnaya hai.


18 saal ke bad, hamne pichle saal, usse naya agreement sign krva liya hai, usme hamne dukan kabhi bhi khali krvana ki condition bhi rkhi hai, aur usne sing bhi kiya agreement, dukandar ka photo bhi click kr liya hai mene agreement sign krte hue.


Me yeh zanana chata hu, ke age hum usse dukan khali krvana cheye to, koi pareshani to nahi aegi na?? Aur aegi to kya kya aegi??

Me pune me job krta hu, mene father shaab retire ho chuka hai aur mummy house wife hai.

Father ko dukan kholne hai, krke uses dukan khali krva skte hai kya.


Best regards,
Abhishek,
Bhopal madhya pradesh


 1 Replies

Kevin Moses Paul   27 July 2021

As per your query, let me inform you that the rent and accomodation in the state of MP is controlled by "The M.P. Accommodation Control Act, 1961".

Under this act, section 12(1) talks about grounds for evicting a tenant. It basically, states that notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds only, namely:-

(a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the prescribed manner;

(b) that the tenant has, whether before or after the commencement of this Act, unlawfully sub-let, assigned or otherwise parted with the possession of the whole or any part of the accommodation for consideration or otherwise;

(c) that the tenant or any person residing with him has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the accommodation, or which is likely to affect adversely and substantially the interest of the landlord therein:

Therefore, you may evict you're tenant if any of the above mentioned situations matches your scenario.
Now, since you've stated in the agreement (new one that you got signed by the tenant) that - "The Shop Can Be Evacuated Anytime" as stated in your query. Since, the tenant has signed the agreement both he and you (parties to the agreement) have to work in accordance to it.

It's obvious that you can evict him anytime, but a proper time period shall be provided to him such that he can look for some new place to commence his business from. It has been 18 long years for you as landlord and him as the tenant, therefore, a lawful and justified reason should be provided to him for such eviction (such that matter is all clear and no issues arise later on).

Hope It Helps

Regards
Kevin M. Paul

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