How can I evecute the property from tenant running restaurant for last 20 years there no rent or tenant agreement ...in a short period and most effective way.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. File Eviction Suit, in the local civil court, supported with all the relevant & available documentary evidences and witnesses. The grounds can be failure to give rent, no agreement and other illegal activities which could include encroachment, anti-social activities by visiting patrons to his Restaurant.
Keep Smiling .... Hemant Agarwal
Cn we file writ petition at high court to save time and higher authority will be involved ...save the time bcoz suit at lower court will take years ...and showing that the owner is the single male person in family and they need there property back ......
1. The High Court does not have jurisdiction to conduct trial proceedings, examining witnesses, exhibiting documents etc.... in such civil matters.
2. The matter has to be adjudicated ONLY in the district Civil Courts. There is no other simpler way.
See you need to give eviction notice to the tenant in case there is no rent from last 20 years the tenant can defence of adverse possession.
Though give notice of eviction and if on notice he fails file a suit of eviction for necessity and no rent for more then 3 years donot mention 20 years no rent.
Writ cannot be filed for eviction high.court shall reject it as it has to be filed in lower court only.
Writ cannot be filed for eviction high.court shall reject it as it has to be filed in lower court only.
If we say that on the end of one year term the property was handed over bck to the owner and the owner gave it on rent to other person or tenant. But showing tht the first owner forcefully. Enter the premises throwing out the second tenant ......thn cn we go to high court
You have to issue legal notice to tenant to vacate premises
2) if he refuses file eviction suit against tenant
You cannot go directly to HC
If the person is not evicting then file a eviction suit in the court of competent jurisdiction before that give him a pleaders notice and ask him to evict the premises if he does well and good if he doesn't then it is advisable to move legally
No in that case also filing directly in high court won't be possible.
So how can we change this matter to other form rather than teanant owner case bcoz it would take time and option to approach high court is alwyz there thn again the matter will tk time Cn we turn things so tht things move fast...we have all valid papers for land n property.
Litigation is long drawn and expensive proposition
thete are no short cuts
suit has to be filed in small causes court
See this is clear eviction suit you can't rush it if with distorted facts you approach high court it will reject same and can impose cost too
Hi,
In case of no rent agreement or valid documents, proceed for illegal possession by tenant and file the criminal case for unauthorized possession.
HC will not entertain the said Petition directly as alternative remedy of lower court is available to you. The filing of eviction suit is an ideal method.
There is no rent payment
There is no written agreement
Is there any correspondence by owner to tenant asking him to pay rent or to vacate or anything ?
If there is no document and the person has been running the business from past so many years without any objection from owner, then it is a case of adverse possession
For that a civil suit for eviction has to be filed
If somehow you can show through any documentary or other evidence that the premises was given on rent and that tenancy was terminated but despite that the person continued in possession, then the plea of adverse possession by the person cannot be taken
But even in that case you will have to file an eviction suit in the rent controller court
There is no way by which you can directly approach the HC by filing a writ petition
For a writ petition to be filed there needs to be an order of subordinate court which you seek to challenge
1. Writ Petition is not made out. Furthermore, for your information even writ petitions take years.
2. Since there is no rent agreement or lease deed the only remedy in your hands is to file a suit for recovery of possession against the restaurant. IN the absence of rent agreement the relationship of landlord-tenant cannot be proved except if the tenant admits it in his reply.
1. You cannot bypass the trial court and go to High Court.
2. A suit for recovery of possession is the only remedy.
You will have to file an eviction suit against the said person
You can’t approach the HC as the original jurisdiction lies with the civil court in Utaar Pradesh and not with the HC
What is the reason that you suddenly want to evict the tenant from the premises?
If you have any strong reason like default in rental payment or violation of condition or construction of any additional structure or subletting etc., you can initiate steps to vacate him by first issuing legal notice and then by filing an eviction suit.
Ascertain the reasons and approach a local advocate for the purpose.
A case before high court in this regard will not be maintainable. For eviction of tenant a case before the rent controller court only will be maintainable.
You think about the practical situation and then plan about the legal action on the basis of the incident. Never venture into any legal action on any imaginary concept.
Do not be misguided by imagining lot of ideas which actually can be seen in the television drama serials or cinemas.
This is law and you can evict him by due process of law only and not ion your fancies and whims.
You may discuss with a local advocate and take action as per suggestions received.