Samvi Kar
Asked September 05, 2016

Method of evicton suit against ration shop

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Method of evicton suit against ration shop and kerosine oil shop on ou zip is

Answer 1

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SAURABH KUMAR

Usually, in rent agreements the tenant signs a rent agreement with the landlord to occupy the property for a period of 11 months, with an option for periodic renewal. Since the Rent Control Act (which is largely in favour of the tenants) only applies on for lease agreements of at least 12 months, establishing an 11-month agreement helps landlords to take a pre-emptive measure for eviction. Furthermore, Owner can’t evict a tenant for five years if tenant pays rent regularly, unless owner needs to use property himself.

If you are the owner, you can prevent your tenants from overstaying by including a clause in the rent agreement on increasing the rent to four or five times the existing rent, if the tenant does not leave when the contract ends. This would put a check on those tenants who play foul. Also, in case the tenant is not vacating the premise even after the notice, you can approach the court. Courts favour the owner if it is found that the tenant is involved in any wrongdoing or the owner requires the property for his personal use. You can also ask the court for police help for evicting the tenant.

 

There are no such specific clauses in the PDS (CONTROL) Orders, 2004, 2011 and 2015 that specifically deal with the process of eviction of kerosene and fair price shop owners, but if there are provisions of the rent control act of your state being violated- an error in the relinquishment deed, blatant errors and mistakes in documents submitted for allocation of tenancy among others, allows you to evict tenants[1].

Thus, you can pursue your kerosene shop owners and fair shop owners via local rent control act by finding out if they have been flouting any rules or norms under the act for evicting them.

 

You can also lodge a complaint at the National Consumer Helpline-1800-11-4000 .

 

[1] Pritam Sharma vs Naresh Kumar , Shafiquddin vs Mohd. Ibrahim and Giri Raj vs Sheela Devi.

Agree Comment 0 Agrees about 1 year ago

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