Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shop eviction

(Querist) 23 January 2017 This query is : Resolved 
A Shop was given rent in 2005.
Agreement was 2005 to 2006.
Next years agreement was 2006-2007.
The agreement was not registered agreement.
No further agreement was made.
Landlord never issue money receipt , he took rent by cash.
Dispute occur in 2008 related to increase rent , shop keeper denied to vacate shop ,land lord refused to renewed agreement and stop received payment.
In 2009 end , a money single order with three month rent (may/june/july of 2009) came,
Land lord refused. After that no money order came during last 8 years. Shop keeper are running shop still date , shopkeeper demoralized the old actual small shop and built bigger showroom in 2016 without informing land lord.
Land lord does not know , shop keeper paying their rent to any Rend Control or not .

My Question is
1)Can it be claim that shop keeper has not paid from the beginning (2005) ? On their verbal request to assure pending rent , the 2006-2007 rent agreement was renewed ?
2)Shop keeper demoralized original shop (size mention in agreement with condition no alteration) ,Now they build bigger size showroom violating agreement .Will it be helpful to evict shopkeeper?
3)Can I sent RTI to know any case/court order have issued by court on favor of shopkeeper ? Does RTI revel court matter also ?
4)What will be strong ground for eviction , prove them defaulter or they have altered building ?
5)This is the final situation .No other clause is there. Every prove is with landlord .
This ground , land lord can win the case or not ?
M V Gupta (Expert) 28 January 2017
File suit for eviction on grounds of default in payment of rents and unauthorized demolition of the shop and construction of new structure in its place. Burden of proving that the rents were paid regularly will be on the tenant. If the agreement is a leave license agreement u may file application for eviction of the shop keeper before the competent authority under the Maharashtra rent control act if the property is in the State of Maharashtra.
Ayan (Querist) 29 January 2017
Thank you sir.
Rajendra K Goyal (Expert) 30 January 2017
Proceed as advised by the expert.
Rajendra K Goyal (Expert) 30 January 2017
Repeated query:

http://www.lawyersclubindia.com/experts/Shop-eviction-629676.asp
Guest (Expert) 30 January 2017
Yes Proceed as advised by Experts


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :