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Mohammed (--)     29 October 2012

Action again the tenant went to abroad and gave the business

Dear Lawyers,

I own a residential property in Tamilnadu; It was rented for 11 months to a tenant to run a commercial business in 2010. Since that am regularly paying the property tax for commercial use. I renewed the contract every 11 months when the contract was expired. The current contract is valid till end of September 2013. The tenant went to abroad and gave the business to another person with out informing me. How can i take an action against the person who runs the business currently?

Sincerely
Mohameed



Learning

 4 Replies

Advocate Vishnu (Advocate)     29 October 2012

You can file a case of criminal tresspass and seek eviction against the person who has now occupied your premises- on stating the reason that you had rented out the property to another person

Mohammed (--)     30 October 2012

Dear Lawyers, Absconded tenant and current tenant do not have any tenancy contract with them. I have the original tenancy contract with me. I never gave any tenancy contract or photo copy of tenancy contract to absconded tenant. I had clearly mentioned in the contract that you should not sub lease the shop and at any situation you should hand over the shop to me. They have electricity bill receipt which was paid monthly for the shop. This situation Can I lock the door of my shop with my own locker over current tenant lock? And ask the current tenant to bring Absconded tenant. Or Shell I go to police and file a complaint against Absconded tenant and current tenant. Or Shell I go to court and file a complaint against Absconded tenant and current tenant. Sincerely Mohameed

Advocate Vishnu (Advocate)     30 October 2012

You can lock the door of your shop and  give a complaint to police that your tenant has breached your tenancy terms and so you are safeguarding your property. The next step will be to send a legal notice to your earlier tenant that the tenancy contract stands cancelled. Do this by RPAD as this a first line of valuable evidence if the matter goes to the court.

Mohammed (--)     30 October 2012

Dear Advocate Mr.Vishnu, Thanks for your kind response. ------------------------------- Dear Lawyers & Advocate Mr.Vishnu, If there are any alternative solution like going to police or court then what actions i have to take? If it goes to court as a case of criminal tresspass by the current shop owner then how many years it will take to complete the case in a local court & district court?

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