• Eviction from shop

My grandfather had rented out shop for a tenant and it's been 10 years and lease agreement expired 8 years back we didn't renew lease again we asked him to vacate he filed false charges saying we hit him and forcibly vacated him from shop actually we didn't do anything of such kind we gave eviction notice for the same he deliberately didn't acknowledge it and bought status quo order from city civil court and we filed the counter but he doesn't come to court I personally asked him you would loose the case but he said yes I would lose it but then I want kill time appealing in all courts and the guy is also absconding now doesn't pick the calls or meet us we booked a case of misbehaviour against him how to throw this rogue out of the property he even bribes police by giving free flower bouquet I have evidence for the same too he has taken land-line connection noc was given by my late grandfather can I disconnect his connection he has taken sim card with same address can I get that disconnected I am ready to even demolish this anyhow as I am planning to developing the same what consequences would I face if I raze down the building as the property is 50 years old can I get municipal permission for the same.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1. The lessee has taken the right steps in delaying the case and prolonging his stay in the property without any rent.

2. Hence you better file a suit for his eviction.

3. Without the decree of eviction he can not be ousted form the premises.

4. Do not go for demolition now. First evict him and then for things of your choice.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

you have to issue legal notice to tenant to vacate the premises as lease period has expired

2) also seek rental for period he continued to remain in possession

3) if he refuses to vacate file eviction suit

4)his landline connection can be discontinued if he fails to pay the bills

5)you cannot demolish the building unless tenant is evicted

6) settle with tenant pay him some money for vacating the premises then carry out redevelopment

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1) if notice has been sent to address mentioned in the lease agreement it would be proper service if received by his employees . even if he refuses to accept it is proper service

2) file eviction suit as advised

3) record his threats and file police complaint under section 506 of IPC for criminal intimidation

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Since he is the tenant and has already obtain status quo order and the same has not been vacated, you cannot throw him out of the property forcibly.

You have to follow the mater through court only.

The municipality cannot give you permission to raze the building or demolish it during the pendency of the civil suit in this regard. You also cannot take law into your hand.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1. If he is acknowledging the eviction notice and the same is returned undelivered, you may file an eviction suit before the civil court enclosing the undelivered notice with the plaint.

3. You cannot demolish the building on your own, yo have to take the permission of municipality on the basis of the age of the building and its dilapidated condition since the matter is pending before court.

5. For misbehavior or any other violent activity or insults or nuisance you may lodge a complaint with the local police

.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

If you have served him notice then file suit for eviction.

There is no other way out.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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