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Tenant refuses to vacate commercial shop Has filed 4 injunction


01-Jun-2023 (In Landlord/Tenant Law)
With unregistered 5 yrs rental agreement with clause renewable every 11 months. Tenant is refusing to vacate shop and stopped paying rent since 5 months. Need shop urgently to start own business. Recently he filed case seeking permanent injunction from owner (me). If evicted forcefully what legal hurdles will i face? Pls advice
Answers (2)

Answer #1
755 votes
Sir, if the tenant has filed injunction suit for restraining to vecate, means, unless take due course of law, he cannot be vacated. So, no problem, you can give 2 months eviction notice, if, he has not vecated in two months from service of notice, you can file an eviction suit with arares, damages, cost, etc.,

Answer #2
685 votes
As the tenant does not have any right to ownership of the property, the court will not accept a plea of a permanent injunction against the rightful owner.
There are no particular hurdles that the landowner will face apart from the dates granted by the Court due to the backlog of cases.

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