Tenant took possession of my commercial property Tenant took possession of my commercial property

2 years ago

My tenant took possession of my commercial property with out agreement saying that he would make agreement soon but that never happened . he did not open the premises for the last 3 months and disappeared . and responding to mob calls or cell phones switched off. rent also not paid for the last few months. also no advance paid. How to find his whereabouts and no way to contact him . please advice what is the legal procedure to take over my property ,and rent it again to another party ( once he was attacked by covid 19 very badly during 6 months back or so )

Anik

Responded 2 years ago

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A.Dear Client,
Since there is no legal agreement between you two, you can file for criminal trespass u/s 441 IPC. You can also file an eviction suit.
Thank you
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may place an advertisement in the local paper and lodge a complaint with Police and then take possession of your property.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It has not been specified whether you had given any rent receipt to that tenant in the past or not because if you gave rent receipt to that tenant earlier,then that is admission on your part about that tenancy and then it is necessary to give Eviction Notice to that tenant due to non payment of rent and as the tenant is not using the commercial property for last three months. If even after expiry of the stipulated period of 30 days, the tenant fails to vacate that premises, then Eviction Suit is required to be filed against that tenant along with prayer for mesne profits.
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Anish Palkar

Responded 2 years ago

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A.Where r u located ? & where is the commercial property ? The state wise some laws are different..More details required & come through the paid query for detailed & practical answers.

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