• How to evict my late tenant's sons from dilapidated building?

When we ask our late tenant sons to vacate the shop, they ask for time and in that time they actually file a case against us in the Lower court, we won the case after a long time, then we filed a case to evict them wen won that case too, but they appeal to the High Court when they were supposed to vacate the shop and obtained an interim injunction, High Court telling us to maintain the status quo, pending further orders and it's been a year, since then, there has been no progress in the case and it still pending. http://hc.tap.nic.in/csis/MainInfo.jsp?mtype=CRP&mno=1270&year=2015


Then, we received a notice from the Municipal Corporation saying that our building is dilapidated and they are going to pull down the building, I was okay with that and willing to comply and vacated the First Floor and when the Municipal Corporation employs turned up, My late tenant's sons show them the interim order of the High Court and they went away and after that my Late tenant's son have filed a case against Municipal Corporation and us not to demolish the old building and obtained a Show Cause notice. In that notice, the court asks us to appear and tell us our side of the story, what do you think we should do. 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, need help. 

My Late Tenant's son raise two major points in his affidavit which aids him in getting an interim order against Municipal Corporation and us. 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 http://www.deccanchro nicle.com/150226/nation-curren t-affairs/article/hyderabad- high-court-tenants-need-no- notice.

Second point he raised was: That we have colluded with Municipal Corporation to evict him from premises. This it completely false. 
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?

By the way, Can I give this house to my son and make him the owner of this building, will this help me to vacate My tenant's late sons. My Lawyers says no, I cannot do it since they case is going on in High Court. I  really disliked the Law, giving my late tenant's sons so many chances. They are not my real tenants their father was and his contract with me was finished in his lifetime, now, they lost cases in lower courts, twice! Come on, The High Court should have dismissed their appeal, they are in profit since they are making money, 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!

Does Tenancy cease to exist at the death of the Tenant?Model Tenancy Act 2015 , has this ACT approved?
 
Rent agreement transfer in case of tenant’s death:  What if a tenant dies while the rent agreement is still in force? According to the draft, the agreement comes to an end as soon as the tenant dies. However, if the person has been living at the rented accommodation with his family, the tenancy rights would pass on to his wife or children. https://www.proptiger.com/guide/post/10-things-landlord-renters-must-know-about-model-tenancy-act


I WANT YOU TO SHOW ME THE BEST WAY TO IMMEDIATELY EVICT MY SHOP TENANT'S SONS AND CONSTRUCT A NEW BUILDING. 

THANKS A LOT IN ADVANCE
Asked 1 month ago in Civil Law from Hyderabad, Telangana
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. 





T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) in your case you should draw attention of court ti dilapidated status of building 

2) rely upon structural engineer report 

3) produce photographs of the structure 

4) court would vacate status quo order 

5) deny that there is any collusion with municipal corporation 

6) you should not create any third party rights on property during pendency of eviction proceedings 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 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

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0