• We need to evict tenant of the shop we rented

Hello All,

We have rented a shop in our building for a utensils seller since 1996 till date. Initially the agreement was made for 3 years and never renewed after that. It became default after we mutually had bonding and regular rent was paid. 

Since back 10 years we are struggling with financial crisis in family due to business loss and growing family expenses. The property is in heart of City Shimoga, Gandhi Bazaar, Karnataka. To cope up with our financial needs we sought after the tenant to vacate the shop so we can rent to other who can pay us high rent as per the current date and try to resolve our financial problems but the tenant is refusing to leave. We realized they're never going to leave the premises and challenged we will not vacate this place forever.

My father filed a petition to vacate them on few grounds like illegal activities like playing matka or stuff but couldn't prove with evidence. My father did not get proper advice on the case and no guidance on the court trials. Our petition was dismissed and we're in trouble of this forever now. 

I consulted a lawyer and they suggested to make the property in my name by means of partition and issue a notice and start afresh. 

I want to keep the case very simple not needing or drag of arguments. Just straight forward approach and get the premises vacated as early as possible. Please please help us with a expert advice.
Asked 4 years ago in Civil Law

3 answers received in 1 hour.

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12 Answers

You can file suit for eviction of tenant on grounds that you require premises for personal use

Eviction suit may take some years to be disposed of depending upon pendency of cases

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. File a fresh suit for eviction under the law of summary proceedings.

2. Take bonafide grounds for eviction.

3. For e.g. you or your father don’t have any place to run a Shop and instead of your own shop which is on rent from years you have to start your business in a rented shop.

4. You need to prove the above ground as the burden of proof lies upon you.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Firstly, sir, every state has their own rental acts like in Delhi we have Delhi rent control act. And in every act there has been a prescribed limit of rent which can be taken under the act likenin Delhi we have till 3500 Rs.

Secondly, and if their rent is less than the prescribed limit under Karnataka act then you may be in problem.

Thirdly, but, yes there are certain conditions which may take you in a proper balance situation.

Fourthly, if there protected under the act then you may ask for anything like partition still then you won’t be able to succeed.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. It was always going to be next to impossible to prove that he was playing matka unless a FIR for that was filed against him. Be that as it may, nothing stops your father from filing a petition for his eviction on the ground that he requires the premises for his bonafide personal use.

2. There is no need to transfer the property in your name.

3. You cannot keep the case simple. The procedure of law has to be completed. The court will give him an opportunity to contest the case and it will go to trial. It cannot be straightforward.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. You will have to approach court and file a suit for eviction;

2. You must also plead for injunction order and prevent the opposite party from using the property;

3. Once that is done, you can rent it out to somebody else;

4. You will need to approach court at this belated stage;

5. There is no other option since the matter requires urgency;

6. To get quicker results collect all evidences from your side;

7. You will need to retrieve your property papers, title clearance certificate, property records with the municipal authority, shop license, rent agreement that expired (copy), all the copies of the legal notices sent, all the responses the other side has given you, all the audio, video and written or documentary proofs you have.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

File eviction for bonafied need and for personal use,

As if court ordered, eviction, shop cannot be put on rent for certain time, otherwise same tenant will reinstate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir the best way here it would be to contest on the ground that the owner is in need of the place for own business and require it since he is in financial difficulty,

Serve the tenant with the notice of one month to vacate the premises as you need same for your own purpose if on notice he does not take steps you have to file an eviction suit before the court, You can show the requirement of the shop for your own business.

Further keep illegal activity as the secondary contentions as they require strict proof to be proved before the court.,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You must not hide anything before the Court. As you said your case must be straight so that it can be easy for you to face in cross examination. You have to file a suit for possession as the tenant is in illegal possession. There are so many issues involves which can sorted out in personal discussion. You may share the documents and briefs. You are advised to get drafting from legal experts in civil cases.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Since you have already approached court for eviction, the tenant may fight the fresh case very aggressively.

So your idea of fling a simple case may not fetch any fruit.

You may have to seriously conduct an eviction suit without which you may have to continue to suffer.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. Making godwon for own shop is good ground add you are in financial crunch and cannot afford to rent other premises.

2. No donot offer that.

3. That would not cause any effect in tenancy and cannot be ground of eviction.

4. Yes before that as suggested by your lawyer partition would be a good option so that teh transaction looks genuine.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should mention that you require premises for personal use

Mention details of personal use

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Property can be partitioned only if in joint name or equal share holder. And right of tenants do not effect on r transfer of ownership until no bonafied need proves.

Required shop for own business will be good ground but keep the offer of alternate shop for last resort. Don`t offer same time.

Support your case with Supreme court rullings in favor on same facts. .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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