Procedure for eviction of tenant?
06-Jan-2023 (In Landlord/Tenant Law)
One of a shop in our house given on rent by my grandfather before almost 18 years and the tenant not giving rent after my grandfather's death which is 500 rupees when nowadays here is rent rate around 6000 to 8000 and here is another twist that the tenant gave our shop someone other people from a long time, my father and my brother is not working and now we want our shop back for livelihood. What is the possibility and procedure?
tenant has no right to sublet the premises to other, though you have not mentioned that an agreement was executed or not.you are a legal heir of the property and also have bonafide requirement of shop premises for livelihood, firstly in my opinion you should serve the legal notice for termination of the tenancy and arrear of the rent, thereafter you can file suit foreviction or recovery of possession.
You can file a petition for eviction of tenant on the grounds prescribed by law including non payment of rent or subletting the premises without your ratification. First a notice needs to be sent to the tenant, and a subsequent petition needs to be filed before a hon'ble rent controller having jurisdiction. A petition for bonafide requirement of the premises can also be filed depending upon the facts and circumstances of the case. However a reference can only be fully answered only after full disclosure of all facts and circumstances of the case.
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