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Eviction notice by landlord

(Querist) 05 September 2012 This query is : Resolved 
To the experts,

I am running a shop in Ghaziabad in a residential society. The lease deed for the same was between the society and a family friend of mine who had allowed me to run the shop (this was not a sub-lease but there was no written agreement to this effect). The lease deed expired in 2009 and it was never renewed by either the society or by the lessee. However, the rents were regularly paid by me to the society after the expiry of the lease (at the same rates as those under the lease that expired on 2009) and there are no dues pending from my end.

Presently, the society has issued a notice to the lessee for eviction of the said shop claiming that the lessee has been in unlawful occupation of the shop since 2009 since the lease deed had expired in that year. They further claim that they shall grant the shop to other candidates on a new revised rent (which is presently higher for similar shops in the society) and the person quoting the highest rent shall be allotted the shop. All of this is despite them receiving the rents and all other charges without any protest.

Post this letter, I had spoken to the concerned representatives and they verbally assured me that they shall renew the lease with a revision of rent by a mutually agreed amount and we were agreeable with this settlement. However, now they have issued another follow-up notice stating that we should hand over vacant possession of the shop to them within two weeks.

My questions in the given circumstances are as follows:

1. Whether the landlord can file for such eviction without giving any justifiable grounds for eviction (stating of grounds like bonafide requirement, non-payment of rent, demolition for repairs, etc. must be required under some law prevalent in U.P.) inspite of the fact that I have been regularly paying the rent and all other charges?

2. Will the fact that my family friend was the lessee under the lease deed and I have been running the shop be of any consequence?

3. Apart from sending them a reply to their notice (which I am going to do), is there any other option available to me?

Request a reply to these questions considering the fact that I have been running the shop for over two decades now and that there has been no default from my end untill now. Also please consider the fact that I have invested in stock (worth over tens of lakhs) lying in the shop and the shop is presently my sole source of income.
ajay sethi (Expert) 05 September 2012
your lease agreement has come to an end in 2009 . the lessee has sub let the premises to you without permission of the lessor . iee society . landlord can file suit for eviction . negotiate with lessor for amicable settlement .

Jatinder Singh (Querist) 05 September 2012
Mr. Sethi,

Thanks for your prompt response. But do you really advise that the "sub;letting" is without the consent of the society after considering the fact that they were duly accepting the rent from a cheque payable through my account? They were aware of it since the inception and never raised protest. Doesn't this amount to waiver and estoppel against them?


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