• Shop given on pagdi

I have given shop on pagdi around 30 years back. I want that shop again. But he is demanding huge amount . 
The shop is built in residential area.
Four shop are on ground floor ( In which 3 shop I m using for my business and other is given on pagdi) first floor house is there of mine. My house condition is not good . Bcoz of earth quake my whole building is damaged. 
Help me to get my shop again.please
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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6 Answers

1)you already have 3 shops in your possession

2) you cannot evict tenant for personal use as you have 3 other shops

3) if tenant is paying rent on time difficult to evict him

4) better settle with tenant

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

he is protected tenant as he has been paying you rent for period of 30 years

2) even if file suit for eviction chances of eviction are bleak

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

you can request tenant to vacate premises as building is in dilapidated condition and can collapse any time

2) ask structural engineer for his written opinion

3) forward structural engineer report to tenant

4) inform municipal corporation about condition of building and structural enginner report

5) MC will direct tenants to vacate the premises

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Since the building is very old and almost in dilapidated condition and also prone to earth quake attacks, you would require the building to be demolished and reconstructed.

This should be your reason to be given in the eviction notice to the tenant holding the shop on pagdi system, besides quoting the default in rental payments.

You can drag him to court also on the same grounds.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Will I get my shop that I given on pagdi

You first issue a legal notice asking him to vacate the shop for the reason of default in rental payment and also would require the premise for demolition and reconstruction, wait for his reply or reaction after which you can decide about further course of action on this.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Any other option please

Any other option means, no illegal option can be suggested other than due process of law.

You may consult a local advocate on this for further advise.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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