A portion of our ‘Joint Property’ in Bangalore was allotted to a person in the year 1987 for a rent of Rs.600/- per month by the Hon’ble House Rent Control [HRC] court. At the time of allotment, the ownership of our property was in dispute and the matter was in the civil court. The tenant was paying the rent ONLY for few months in the court and after that he stopped paying any rent in the court, taking advantage of the fact and situation that there is no one legally to claim any rents as a ‘Clear Owner’ of that particular portion. Few years back the allottee [tenant] passed away and till date his sons are in occupation of the portion allotted to his father without paying any rent.
In 2005, our pending case regarding the ownership was decided and all four of us have become the owners with an equal share in the whole suit schedule property. Unfortunately, till last week, we were not able to decide on the mense profits and division of the property to draw the final decree. Now, all the four joint owners of the property have amicably decided to identify their portions of the property, but to effect the division and possession of their respective portion ONLY after the eviction of the tenant.
In this juncture, we kindly request the learned counsels on this forum to guide us how to throw this ‘Tenant’ out of our property, so that we could use that portion of our property for our bonafide use.
1. The portion was allotted by HRC.
2. The ‘Original Allottee’ himself was a defaulter.
3. The present occupants are illegal dwellers in our view and also defaulters.
4. The original allottee and the present dwellers are in rent arrears due to us.
5. First, we want to ‘Jointly’ serve him with a 30 days’ notice to vacate and subsequently file a fresh vacation suit and recover the rent arrears dues.
6. How long will it take to vacate him through legal procedures?
7. We presume that HRC is no more functional in Bangalore now, in that case, in which Court the fresh eviction suit needs to be filed?
Thanks in advance.