By Admin 
Tenant Rules: A large number of people in the country live in rented houses. Lakhs of people run their businesses from rented shops. In many families these shops are generations old. Whom Dada or Baba had once given on nominal rent. With the passage of time, it becomes a big legal dilemma. In cases that are 40–50 years old, the current owners feel that it is almost impossible to vacate the shop now.
But the recent decision of the Supreme Court has changed this thinking. The court clearly said that mere possession for a long period does not confer ownership rights on the tenant. If the real owner or his heirs prove genuine need. So the law stands with them. Know how you can get the tenant to vacate the shop in such a situation.
This is how you can get your shop vacated
If Baba had given any shop on rent. But the current owner is his heir. So in such a case, the Supreme Court accepted that the right to property is not limited only to the first generation. If the next generation needs a shop, that too will be considered completely legal.
In such a situation, the landlord can argue in the court that he needs a shop. He himself wants to start his own business there. In such a situation, the court can order the tenant to vacate the shop after seeing the rights of the landlord and accepting his arguments.
Long possession does not give rights
Recently, in one such case, the tenant argued that he has been running the shop for about 50 years and the upper floors can be used as an option. But the Supreme Court rejected these arguments outright.
The court said that the tenant cannot instruct the owner how to use his property. Besides, issues like electricity connection were also considered unnecessary. The court said that the need is assessed from that date. When the suit was filed and not because of later changed circumstances.
This is the whole process
To evict a tenant from the shop, it is first necessary to check the rent agreement and ownership documents. If there is a written agreement, check its terms, if not, check the rent receipts. After this decide the valid reason. Such as personal or family business needs, non-payment of rent, misuse or dilapidated condition.
After this, send a legal notice through Makil and give a stipulated time. If the shop is not vacant even after the notice, file an eviction case in the rent control court. After the court order, if necessary, the shop can be vacated through legal process.
Also read: Can a common man also take his problem to the PM, know how to meet the Prime Minister?