1) you have to issue legal notice to tenant to vacate premises on account of non payment of rentals for last 8 years
2) if tenant refuses to pay rentals file suit for eviction
Tenant without any documents
Dear sir We have a building situated in our family temple premises, my predecessors had given on rent to Some parameswara kurup in 1950s. It is believed that he transferred the tenancy to Mr. Karthikeyan (late). Now the building is occupied (Room 37-39)by mr. Radhakrishnan(S/o. Mr. Karthikeyan). We have no copy of rent deeds or evidences to prove the tenancy agreement and we are not getting rent for last 8 years. Last year we noted that the transfer of registry for the land in which the building situates (Room 37-39) to mr. Radhakrishnan(S/o. Mr. Karthikeyan) by some fabricated documents and paid land tax. He also changed the building owner using this fab document Now sub collector cancelled this and now land tax is being paid by me. We would like to evict him from the building to construct a Big Entrance for the Temple. What are the legal ways. We have only evidence that the land where the building belongs to temple.So obviously my forfathes constructed it. No rent deeds available Pease help
Asked 8 years ago in Property Law
Religion: Hindu
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12 Answers
There is no proof from like rent agreement or receipts with us to prove his tenancy. But he is a tenant in the temple premises
Asked 8 years ago
Issue legal notice to tenant and wait for his response
If tenant claims ownership of premises tenant would have to show how he became owner of the premises . Produce sale deed duly stamped and regd
If there is no rent agreement or receipts to prove tenancy then his status is that of a trespasser. The remedy is to file a suit for his eviction which he can contest fittingly but the odds are loaded in your favour if there is no documentary evidence to prove tenancy.
Thanks for the advice; is it Rent Control or Other Type. Please specify Hope you have noted the details of the issue by seeing my earlier questions . As the owner was away for some time(foreign visit) the tenant made a transfer of registry for both land and building to his Name using some forged or false documents. Recently sub collector cancelled this and now land tax is being paid by us and still bulding is in tenant's name(Reverting to my name is requested in municipality). What kind of eviction petition you mean in your last reply . is it Rent Control or Other Type. Please specify
Asked 8 years ago
1) you are the owner of land and the building. fraudulent transfer of land has been set aside by collector
2) since tenant has failed to pay rents for 8 years you have to terminate tenancy and file suit for eviction in court
It has to be a suit for eviction and not a rent petition.
We would like to evict him from the building to construct a Big Entrance for the Temple. What are the legal ways. We have only evidence that the land where the building belongs to temple.So obviously my forfathes constructed it. No rent deeds available
On the basis of the tax receipt on your name or being paid by you after the order of the collector, you can file an eviction or ejection suit against the occupiers on the grounds of default in rental payment as well as for the purpose of expansion of the gate etc through the said shops/premises.
There is no proof from like rent agreement or receipts with us to prove his tenancy. But he is a tenant in the temple premises
You dont require to produce the rental receipts, the latest order by collector will be an authenticated evidence to prove that he is squatting in the property as a tenant, you can file an ejection suit against him.
Hope you have noted the details of the issue by seeing my earlier questions . As the owner was away for some time(foreign visit) the tenant made a transfer of registry for both land and building to his Name using some forged or false documents. Recently sub collector cancelled this and now land tax is being paid by us and still bulding is in tenant's name(Reverting to my name is requested in municipality). What kind of eviction petition you mean in your last reply . is it Rent Control or Other Type. Please specify
You can either file an eviction suit or eviction petition under rent control act, if this comes under the rent control jurisdiction
1. Lodge a police complaint for his illegal step to change the property records by submitting fabricated documents/deeds,
2. After that file an eviction suit praying for eviction of the said tenant on the ground that they are not paying the rent for 8 years and also that you require those two rooms for your own use.
1. If there is no evidence that he is the tenant of yours, you claim that he is the licensee whom you have allowed to stay in your premises which he is not vacating now against your demand,
2. File eviction suit on the ground that you have withdrawn your license for his staying in to your premises.
1.Since you can not produce any rent agreement or rent receipt, you won't be able to prove that he is your tenant,
2. So, you shall have to term him as a licensee whom you have given license to stay at your premises but now want him to leave,
3. File the eviction suit as suggested in my earlier post,
4. Get the record maintained in the Municipality corrected.
limitation period is not lapsed so you can file eviction suit. if you have evidence to prove that he has paid any amount as rent before 7 years then it is sufficient to establish your claim because law presume ownership in the property if occupant has been living there for more than 12 years.
his act of preparing forged document regarding title of the property is another sufficient ground for eviction because it affects interest of the land lord.
