• 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 7 months ago in Property Law from Trivandrum, Kerala
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
It has to be a suit for eviction and not a rent petition. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
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
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
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.  
Shivendra Pratap Singh
Advocate, Lucknow
2715 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2715 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0