• Shop eviction in residential premises

Dear Sir,
I am a resident of Kanpur,U.P. We have a residential house and 7 shops of approx. 75sft. each.These shops were created around 20/yrs back and were given to needful people without any written agreement on very affordable rent.Only 3 shops out of these have casual (10rs stamp )written agreement of 10 years which expired 3 years back.
Our family is going through financial low and therefore we need the shops for ourselves to make living.
We are not sure as to whether we should give them a legal notice of eviction,beacuase we have seen such litigations going on for years.
5 shops which have no written agreement(given on need basis), no rent receits can they appeal against our legal notice on any ground?
3 shops which have casual expired written agreement how good/strong is that for appeal against the eviction notice.
These shops are in my residential premises and are still unregistered .
Kindly,advise us how to get these shops back for our family needs today.
Thanks.
Asked 1 year ago in Civil Law from Kanpur, Uttar Pradesh
1) you can issue legal notice to tenants for eviction of the shop premises

2) if they refuse to do so file suit for eviction 

3) since you don't have any agreement with 5 shopkeepers they can take the plea that they are tenants and not licences 

4) it is in your interest to enter into leave and licence agreement with the 8 shop keepers for period of 11 months with renewal clause at enhanced rentals 

5) on expiry of agreement ask them to vacate the shop 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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1. There is no way other than evicting them through Court order if they do not vacate the shops as per your request,

2. Sending them notice will confirm their possession of the shops. They can prove in different ways that they are doing businesses from those shops,

3. First offer them some amount for their vacating the shops,

4. If they refuse to vacate, file eviction suits on the ground of your requirement of those shops for earning your livelihood.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Hi, first you have to issue a legal notice to them ask them to vacate the schedule premises if they fail to vacate the property then you have to vacate them as per law through the process of the court.

2. You are the owner of the property they can't deny the ownership of yours so you don't worry you will get your property and one thing you must remember now days tenancy of the tenant is per the wills and fancy of the owner and tenant has to vacate the property.

Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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If the lease has expired then you can file a lawsuit for eviction against the lessee. You will have to just as to why there is a delay of 10 years in initiating the legal process. In so far as the other shops which do not have a rent agreement are concerned you do not have the protection of rent control laws available to you. So you have to file a regular lawsuit for eviction which they will be entitled to contest. If your title is clear then you stand a good chance.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Our family is going through financial low and therefore we need the shops for ourselves to make living.
We are not sure as to whether we should give them a legal notice of eviction,beacuase we have seen such litigations going on for years.
The shops are now required for your own occupation, hence issue legal notice to the tenants to vacate the shops quoting the same reason or for the reason to demolish and construct residential houses etc for self occupation.
A tenant gets protection of statute when the statute provides so. In the Rent Control Legislations, it is provided that the tenant cannot be evicted except on the grounds of eviction provided thereunder. So despite expiry of the agreed period of tenancy, such a tenant can be evicted only on the proof of existence of any ground of eviction provided in the relevant Rent Act. A landlord is always entitled for rent from all tenants including statutory tenants. If a statutory tenant defaults in payment of rent, he can be got evicted as non-payment of rent is a ground of eviction in all the Rent Legislations. 
 If building collapses due to acts of the landlord the tenant is entitled for re-possession but if the building collapses due to any reason beyond the control of the landlord, the tenancy comes to an end.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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1)tenants can deny to sign agreement but if you have given them shop at low rates without any agreement they may agree to sign the agreement 

2) if they refuse to sign agreement file suit for eviction after issue of legal notice  

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
They can jolly well deny your request, and continue in possession of the premises, whereupon the only remedy for you is to file a lawsuit for eviction against them, which they can contest in defence. To enter into an agreement is to reduce to writing the terms on which there is a meeting of minds between two parties.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1.It is obvious that they will try to avoid entering in to any agreement with you which will bind them with the terms and conditiond of the said agreement,

2. If they agree with it then get it executed immediately,

3. If they want to continue with the present way and refuse to enter into a fresh agreement, then file the eviction suit as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
It is a good suggestion that you would ask your tenants to sign a fresh agreement or renew  the previous agreement but the chances are that the tenants may not agree to your proposal for fresh agreement or even renewal.  In such event you may file an eviction suit by first issuing them a legal notice to vacate the premises. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0

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