Eviction of my brother from my tenanted flat in Mumbai
I am a tenant in Mumbai since 1975. Rent receipt is in my name. I purchased ownership flat where i am staying , and allowed my brother to stay in my tenante flat since 1985. Brother is paying rent to landlord and pay electricity ( ele. bill in his name ), I still have some documents, correspondence , etc at my tenanted flat address where my brother stays, Brother is not paying any amount in direct or indirect way to me. He is staying since 30 years and pays monthly rent to landlord. Landlord gives rent receipts to my brother in my name.
Since last few years he and his family members started false police complaints, and false litigations, giving abuses, fights with my family. Now, I want to take back possession of my tenanted flat and remove my brother's family. Pl guide whether suit can be filed ? In which Court ? How many years it may take ? Tenanted flat and my ownership home ,both, are Mumbai western suburbs.
Tenanted flat was acquired by me , it is not ancestral.
Asked 9 years ago in Civil Law
Landlord filed a suit for eviction in 1988 on the ground of alternate accommodation, and non user, ( I don't remember whether sub letting was also a ground for eviction ) , but suit dismissed in 1996 , at Bandra court, as landlord did not pursue the case. Landlord is aware about my present address , and is having knowledge that I am not staying at rental flat. As, I understand , now, tenant can have more no. of houses. My brother is paying rent to landlord and obtains rent receipts. Landlord is aware. Because everybody knows. Is it possible landlord may transfer my in brother's name, without my written consent ? My rental flat, my ownership house and landlord's house are only 2 buildings away from each other. Also, landlord is personally handling wedding hall in the same building. My brother is not ready to sit and amicably settle. Landlord has not taken adverse steps till today. With all pain and hesitation I have become ready to take steps, as he has refused to vacate.
Asked 9 years ago