Legal Question in Real Estate Law in India

Our ground floor has been given for rent for the last 10 yrs. During 2008 , we intimated our tenant (a lady) to leave - but she said she needs time (atleast 6 months) to shift to somewhere else. She lives with her husband and 2 daughters in a house opposite to ours for rent. They are using our ground floor for commercial purpose. They are running a business - where the lady is the owner. After 6 months they said that they have purchased a land and they are going to build their own house in that plot. They will leave our house as and when their building construction is completed. We agreed.

But its been 4yrs now, they are reluctant to move anywhere. When we asked the lady (tenant), she said that their house is almost finished but the place is not safe for their daughters. So, they want to stay in our house for rent for another 4-5 yrs. After that they will leave.

Please note that since 2008 we did not renew the rent agreement as well. Our tenant (the lady) gives the rent on time without any agreement.

Please advise about what to do now. We donot want them to stay for another 4-5 yrs. Infact, we want them to leave. But they are reluctant to move and they are making excuses. How do we deal this in a legal way. We are also worried that filing a case for this kind of issue and continuing the case will take a long time. Because this kind of civil case takes a long time to solve.

Request you to kindly suggest a way to get rid of this tenant. Please help us.


Asked on 9/04/12, 3:26 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a suit for eviction as the relationship of tenant/owner is not denied.

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Answered on 9/04/12, 9:12 pm
Shrichand Nahar S.V.Nahar, Advocate

Approach court.

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Answered on 10/14/12, 11:48 pm


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