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arun garg (consultant)     07 June 2012

Land lord forced to vacant shop

I take a shop on rent in 1970 from a Sikh relegious Intitution( called land Lord). i pay rent regulary and have all the receipt on this payment. 2 year back, in 2010,  the land load file a case against me that they have give me shop on lease and they want their shop vacent. i have filled stay order case against them and stay order is given to me. As i am the only earning hand in my family and my age is 72. my children are not staying with me and they have never financially help me. i am leaving with my wife. 

Now, the land load offer me some money for leave the possession of this shop. and he also threatened me that the judgement will be his favour because he is a Sikh relegious Intitution. The money is not a enough for my livelihood. if i vacent this shop, i can not survive with my wife. i can not do any job at this age and i can not efford new shop.

 



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 1 Replies

Adv. Chandrasekhar (Advocate)     07 June 2012

it is to be seen that how much is the monthly rent?  If it is below the ceiling fixed in the state rent control laws, then state rent control law will be applicable.  as you are regularly paying rent, there will be definitely a protective provision for the tenent and you can get the benefit of this provision.  if the monthly rent is above the above said ceiling then transfer of property Act is applicable and lease deed will come into effect.  if it is the lease deed, then the landlord has to show the valid lease deed to ask you to vacate the premises.


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