quesTenant refusing to vacate the house after 10 yrs. How to remove them?

Our tenants keep postponing / refusing to vacate our house despite regular reminders. I own a house back in Kanpur (U.P.) and my father bought the property in 1990 and built it in 2 years. We rented out a portion around 10 years back and the tenants keep postponing / refusing to vacate. My widow mother lives alone in the main portion.

 

We need some legal advise as to what are her rights that we can use in her favor. We are open to using the house / property for any purpose (for her). The property is in the name of my mother and my brother.

 

  • ans 

    You can prefer an Application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of the tenant on the ground that your mother bona fide requires the said premises occupied by the tenants for earning her livelihood. 

     

    Section 21 clearly provides that the Rent Controller may pass an order of eviction of tenant if it is satisfied that the building is required by the landlord for occupation of himself or any family member either for residential purposes or for the purposes of any profession, trade or calling.

     

    Your mother can claim that she is an old widow and her children are not taking care of her and therefore the said premises is required by her to start a vocation and become financially independent. 

     

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