Yes it’s a effective ground on which you can claim possession and seek eviction
Eviction on bonafide requirement
Being the owner of the property I had a asked the pagdi tenant currently residing at another address which is his company quarters for need of the pagdi room for my relative.Closed for almost 4 years I had asked him as was in great need to which he mentioned he wants to give to his long relative for residing which has still not been given and he agreed to stay along and is still vacant. It was almost 6 months the said room was vacant and no one came. When asked again for utilising the room for myself he registered a false NCR against me (Landlord) that I was forcing to enter the room and abused him. Its been almosy 9 months the room is still vacant and as mentioned by him for his long relative, no one came and I am having trouble for my relatives staying with me. Since I need the room for myself can I still get the room evicted on the below grounds 1) False accusation against landlord and lie to utilise the room for his long relative 2) Need of the room for bona fide use 3) Since he is staying in company quarters and I need the pagdi room for self use, still I can evict him through legal process 4) Do I need to pay him for repossession of the room and at what value, if the court comes with the decision?
Asked 2 months ago in Property Law
Religion: Hindu
9 Answers
Eviction can happen through the court on several grounds including the reason of bona fide requirement.
Filing of false complaint against the landlord , though, is not a ground for eviction. His alternative accommodation will strengthen the merit of your case.
You have to file suit for eviction on grounds of bonafide personal use
2) also mention that tenant is not residing in said premises for last 4 years
You are entitled to recover the possession for bonafide use under Section 16 (1) (g) and premises are not being used for period of six months by tenant under Section 16 (1) (n). You need to establish that the tenant has not used the premised for last six months. For that purpose you can submit proof of bills not paid by tenant to statutory authorities, any notice issued by you is returned unserved on tenant. At the same time issue a lawyer's notice to him at the address he is residing. You can also confirm his place of residence through RTI to his employer or you can also seed direction to employer to appear in Court and confirm his place of residence. File Rent Case in the Court of Small Caused, Mumbai. Add his employer as party, he is necessary party as he provided place of residence to you tenant.
- As per Section 7(15) of the Maharashtra Rent Control Act, the family members who is residing with the tenant come under the successors to inherit the tenancy.
- It means that no other relative who is not residing with the tenant cannot claim tenancy , and even the tenant cannot sublet the premises without the consent of the landlord.
- Since, you are in need the said premises due to extension of family and due to lack of rooms for guest , then you can file an eviction petition on the ground of bonafide requirement.
- Further, as the said premise is closed since last 9 months and the tenant is not living into the same , and further as he has other premises to live i.e. company quarters , then it is a good ground for eviction.
- There is not law to pay for repossession of the room.
Don't. forget to rating Positively.
It appears your tenant is not using the premises
So you can sue him for eviction on the ground of non user
If you genuinely need the premises for your own bona-fide use then you can sue him on that ground as well
The electricity consumption of the premises will be a proof of the tenant's user since non use would mean that hardly any electricity was consumed at the premises
You are not required to pay the tenant anything
In fact once the court rules in your favor and directs eviction of the tenant then he will have to pay you damages from the date of filing of suit till the date of handover of vacant possession to you
Dear client, you may file a petition for eviction of the tenant for possession under Section 16(1)(g), which states that possession may be taken when required by the landlord for occupation by himself or any person for whose benefit the premises are held. And, under Sec. 16(1)(n), if the premises are not used by a tenant for six months, the owner may take possession.
1. Have you filed the eviction petition or at least whether you have issued him a legal notice to vacate the rented premise?
If not first serve him a legal notice on the grounds you rely upon and demand him to vacate.
2. You can mention that you require the room for your own use.
3. You can also mention that the rented premise is lying vacant without being utilised hence that also will be a ground for eviction.
4. After filing the eviction suit on the said grounds, you do not require to pay any amount s compensation to the tenant and the court also will not pass any such orders until you enter into a compromise with the tenant
- File an eviction suit against him
- I'm willing to handle your litigation as your advocate. But I need an exhaustive consultation session with you first. You need to visit me for such exhaustive consultation.
- ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four)
