My Lawyer suggests to take the photos of the building to show its condition. How to make my case stronger, how to win this case in the Next Hearing,
The notice by municipal corporation to demolish the dilapidated building itself is an evidence to show tht the building is unfit for habitation.
With this evidence you can file a petition for vacating the status quo order in the high court.
First is: Municipal Corporation didn't issue them any notice quoted some act of Indian constitution, based on that occupant should get a notice. But, I think notice to owner is enough in case of dilapidated building
Your understanding is right that the municipal authorities need not send notice to the tenants, a notice to the owner shall suffice the requirement . Further more the tenant is not actually tenant, he is just a heir of the deceased tenant hence he is not protected by the tenancy rights too so that he claims the relief under the tenancy rights umbrella.
My question is, what i should do or say in the High court, Is there way to to evict them and demolish the old building, immediately or in some days?
As told above you may aproach high court with the municipal order for demolition, the tenant cannot take a plea that you have colluded with an authority, it would be wrong on his part to take such a plea.
I cannot evict them, though, I tried by bringing the Bailiff Twice but they closed the shop when he came, and the Bailiff cannot break the lock and throw their stuff out, this is just annoying as hell!
You should have obtained an order to break open the lock immediately when you found the door was locked and also should have taken the assistance of police through court for preventing untoward incidence. There were provisions which you might have failed to utilise when the time ripened.
Does Tenancy cease to exist at the death of the Tenant?Model Tenancy Act 2015 , has this ACT approved?
There is no tenancy when the original tenant died but the legal heirs may stay in the rented property for a period of 5 years within which if there is no agreement arrived between them and the owner then they have to vacate on the expiry of 5 years from the death of the original tenant.
I WANT YOU TO SHOW ME THE BEST WAY TO IMMEDIATELY EVICT MY SHOP TENANT'S SONS AND CONSTRUCT A NEW BUILDING.
You have been suggested som steps that can be taken to get relief, you may consult and discuss with your advocate to execute them.