Dispute between landlord / tenant and sub tenant


Summary  -  Karnataka / Bangalore              ********  SORRY TOO MANY QUESTIONS IN MIND ************** 

 

Mr A  (Original owner -landlord ) , Mr B  (Me -  Tenant )  & Mr C  ( Sub Tenant )

1.  Original  written agreeement for shop  was in 1982 between My dad & dad of land lord - both have passed away ( now wife is landlady & My mother next tenant )

2.  Son of original landlord Mr A wants the possession of shop in few weeks & threatened to put his own locks on shutter 

3. My dad had Sub Let the shop to Mr C in 1998 without any written agreement 

4. Mr C is not ready to vacate the shop as this is the only souce of income for him 

5. Mr C has paid regular rents via cash upto date without any arrears to Mr B (me) & i have paid all rents to Mr A ( No dues from anyone ) i have rent receipts 

6. Mr A wants the shop for some reason eg : personal use or wants higher rent or may want to evade me from middle & take direct rent 

7. Mr A has alreday given us ample time to vacate , even then we dont want to vacate the shop 

What is the next course of action ? can i ask landlord to file eviction case - only if there is a court order i will vacate 

8. if there is a case to be filed  it will be from Mr A to me or can he file directly with Mr C 

9. Mr A wants me to take the advance paid Rs 30,000  in 1982 & give hime in writing that i have No objection & i have handed over shop to Mr A & dont have any legal interest in shop 

I am not sure why he is asking this - May be he directly wants to communicate with Mr C for higher rent 

in this case apart from advance can i ask for goodwill or alimony eg 2-5 lakhs 

Kindly advise .

 

 
Reply   
 
RETIRED JUDICIAL OFFICER

Out of record you can demand anything during settlement.

He has to file a suit for eviction or recovery of possession.

You have 1001 reasons for not vacating.

The law will take its own course.

Possession is nine points in law.

 He has to file a suit against both of you.

But, do what your concious says, you will be rewarded somewhere.

 
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