• Eviction under 14(1) (e) requirement of tenanted portion for commercial operations

Dear Sir/ Madam
My father owns a property in Pitampura having three shops in front towards market and 4 Residential rooms at back of property. 

My Family consists of My Father, Mother, Wife, Unmarried Sister and 2 year old daughter .
 We are using one shop under proprietor-ship of my father rest residential portion is enjoyed by our Family. 

My Unmarried sister is working in Delhi University on Adhoc basis. I am Working In a PSU.

Rest two shops are in possession of tenants who are under Rent control and made our lives hell besides very meager rent paid through court.

we had already made an eviction petition on residential ground that got dismissed recently.

My job is transferable and parents are old and medically ill and requires my attention.

The company in which I am employed have a policy called Sabbatical Policy which reads as " To provide Employees with opportunity to discharge various social / Family obligations,to take up entrepreneurial ventures or for other reasons an employee can depart from job while retaining Lien on post held can pursue his aspirations/needs with approval of Competent authority. Means a option to Join Back if required for a period of two to Five Years"

Questions 

a) can we file a new petition seeking eviction on commercial grounds as 

my parents are requiring me because of Medical reasons and I can not afford transfer in current circumstances.

Availing sabbatical scheme with approval of Competent Authority as discussed above.

2. I have Qualified MBA and UGC Net cleared I want to open Tution/ Study Centre and requires space for same.

3. If we can file a petition should we file it against one tenant or both.

May please help me???
Asked 11 months ago in Property Law from NEW DELHI, Delhi
Religion: Hindu

1. You can take ground of on use for earning bread and butter as you cannot.stay away from the game seeing there medical condition and cannot.afford to rent a place so on that ground.can file.a.fresh eviction.suit .

It can be filed.agaisnt both the Tennant as you require space.for running study centre.

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

You can take a Sabbatical from your company and file of fresh fiction petition on Grounds of Bonafide requirements to open a tuition centre in the premises ownerld by you.

The Supreme Court in Bhupinder Singh Bawa vs. Asha Devi, has upheld an order of eviction on the ground of bona fide requirement of tenanted premises for the business requirement of the son of the landlady.

In this case also, landlord/landlady required the premises for running business of his/her young son who is an MBA graduate and the supreme court ordered eviction.

You can file eviction petition against both the tenants on such grounds stating that allow space would be required in order to support the infrastructure of a coaching centre where number of students would come.

Hope this helped.

Siddharth Jain
Advocate, New Delhi
4773 Answers
52 Consultations

5.0 on 5.0

You have stated that you had filed petition that you require premises on residential grounds that got dismissed

2) what was reasons for dismissal

3) you can file appeal against dismissal order

4) you have to make out a case that you require premises for bonafide personal use for opening Tution classes

5) eviction suit can be filed against one tenant

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

Petition under section 25B of DRCA is best remedy for bona fide need for commercial property also for which contents of dismissed petition r to be discussed.

Dalip Singh
Advocate, New Delhi
488 Answers
9 Consultations

4.9 on 5.0

Firstly, u can tell me why your petition is dissmiss?

Secondly, petition is filed against both tenant

Parveen Narwal
Advocate, Rohtak
8 Answers

Not rated

Sir you can file but it will take time as the ground of.starting your own business has to be proved before the court and the bonefide reason has to be established before the court.

Otherwise this may lead to dismissal and wastage of time.engage a good.lawyer frame the reason first issue notice and then go.for the suit.

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

File petition under section 25B of DRCA against both the tenants for eviction of the shops. The bonafide requirement need not to be explained. Neither the court can question nor the tenant can decided.

Your questions are answered as follows:-

Q, Can we file a new petition seeking eviction on commercial grounds as my parents are requiring me because of Medical reasons and I can not afford transfer in current circumstances.

A, Yes, However, I want to see previous order before filing the fresh eviction petition.

Q. Availing sabbatical scheme with approval of Competent Authority as discussed above.

A, It is the best evidence available with you and you can use it.

Q.2. I have Qualified MBA and UGC Net cleared I want to open Tution/ Study Centre and requires space for same.

A. You have a good case. However, you cannot give the said shops on rent again after eviction within a period of three years from the date of possession.

Q.3. If we can file a petition should we file it against one tenant or both.

A.3.We should file the eviction petition againt both the tenants.

Dalip Singh
Advocate, New Delhi
488 Answers
9 Consultations

4.9 on 5.0

1) you can claim one tenancy premises for starting tuition center

2) it has to be proved that you need tenanted premises for carrying on your business of tuition center and you do not have any other alternative shop

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

1. Since your previous eviction petition was dismissed, you hav no option to file a fresh eviction on newly found grounds,instead you can prefer an appeal against the lower court judgment.

2. Since the property belongs to your father, he cannot show this a ground for evicting the tenant.

3. The eviction should b filed against both the tenants because it is not known that which portion will be required by you.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

You can take tuition in your own property and not on a third person, i.e., your father's property, hence your father may not be eligible to claim retrieval of this property on this grounds.

He has to create some other grounds only, or else he can make a partition suit and allot this portion to you by the said deed.

After that you can seek to evict the tenant on the grounds you desire to

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

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