Refuse to vacate
2) let owner file eviction suit
3) suit would take years to be disposed of
Myself Ravikant Gajbhiye, a tenant of a cyber shop, wants three more years from the owner to established my own empire. but it seems that he wants to playing game with me by the LAW. Please help me & advice to the wiser.
He want to extricate me from the shop. Please HELP ME! from doing this to me.
What is tenure of your agreement?
Has period of agreement expired ?
Landlord cannot take law into his hands
He has to file eviction suit against you
Even assuming that the rental agreement period has lapsed, he cannot evict you with out following the due process of law. In case, if he trying to evict you by using mussel power or other source of illegal attempt you may approach the civil court by filing the injunction suit against the landlord. The landlord can approach the rent controller court and you may contest the case on merits. Pay the rent promptly without any default, you cannot be evicted atleast 2 to 4 years.
If you have no rent/lease agreement you may file a case of forced eviction on the land lord and harassment by praying in the court of CJM. The dispute will provide you ample of time and eviction will be dependent on the time taken by the court to decide the matter.
Please remember to deposit the rent in the court during the litigation period of the case.
He has to file an eviction suit in order to throw you out of the premises even if the tenure of the agreement has expired.
If he threatens you or uses some force then file a police complaint with the police.
Regards
You cannot be evicted by your landlord in an unauthorised manner.
He will have to file a petition before the competent Rent Control Court to seek your eviction. Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include wilful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.
You cannot be forcefully evicted during the currency of your rental agreement. Also, eviction has to be in strict compliance to the rent agreement.
Hello sir , if he is trying to forcefully evict you from the shop, you can file a civil suit of permanent injuction and obtain stay order from court .. Do you have a lease agreement ??
if a premises is let out for commercial purpose then tenant cannot be evicted only on issue a notice. In this condition the landlord is bound to give reasonable period of time to vacate the said premises, if landlord does not give reasonable time then you can move an application before the rent control officer for passing of a proper order and injunction against the landlord. Rent control officer has power to stay the eviction notice and give reasonable time to the tenant to search another suitable place for carry on his business. In this condition you should move an application before the rent control officer for passing of appropriate order.
1. Have you entered in to a tenancy agreement with him?
2. Did you agree in the said tenancy agreement that you shall leave that premises with in fixed period?
3. If no, then the land lord shall have to file an eviction suit to evict you which will run for a long time, may be for even 10 to 15 years.
4. Meantime you shall get enough time to establish your own empire in your commectial field.
1. He can evict you from the shop only by due process of law i.e. by court order for which he shall have to file an eviction suit against you where you shall get the chance to defend yourself.
2. If he forcibly tries to evict you, lodge a police complaint and thereafter file an application u/s156(3) of Cr.P.C. praying for an order upon the police directing them to investigate and act duly registering FIR based on the said complaint.
3. You can also file a declaratory suit praying for a declaration that you can not be evicted without filing an eviction suit against you and thereafter file an application under order 39 Rule 1 & restraining the land lord in entering in to your premises before disposal of the said case.
You have to file a case before the rent controller. take stay by stating your case through a lawyer.
File a case against the owner for injection for not to evict you from the property without due course of Law, you may have to provide all the documentary proofs to the Honourable Court.
Since you are a tenant and have been paying the monthly rental amount regularly, you are protected by tenancy rights.
The owner cannot evict you forcibly or by any means other than by due process of law.
You may file an injunction suit agaisnt the landlord restraining him from indulging in any illegal act to forcibly evict you other than by due process of law.
The court case will drag on for another two years, you will have breathing time to stabilise your business and shift the same to elsewhere properly.
He want to extricate me from the shop. Please HELP ME! from doing this to me.
You first file a caveat petition before the jurisdictional court and then file aq suit for permanent injunction against the landlord seeking to restrain him from forcibly evicting you other than by due process of law.
1. Has he filed a petition for your eviction from the shop? If the answer is yes then contest it fittingly in the court.
2. He can evict you only by following the due process of law i.e by filing a petition for your eviction which you can contest. If you apprehend that he may throw you out through muscle power then file a suit for permanent injunction against him.