Amit Kansara (IT) 10 June 2013

Old rented shop

Hi,

We have one small shop at Ahmadabad in prime location. My grandfather had given that shop on rent in 1960(approx). Today monthly rent of that shop is 150 Rs. We have informed the rental to leave that shop, as we want to start our own business. Also we are ready to pay some amount to him. But he is not ready to leave that place. From last 5 years we have not taken any rent from him.

Please advice,

How we can move rental from our own shop. Can we file the case against him?

Is the court decision is in fever of owner. Please suggest.

Thanks

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4 Replies

Mohammed Ameenuddin (Sr. Legal Manager) 10 June 2013

Hi Amit,

Please check the old Agreement what you have grandfather agreed in that with the tenant. If not, then file for a eviction suit in the court, you can also claim the ret for the last 5 years.

-M A

Chetan Joshi (Advisory/Advocacy) 12 June 2013

Well, this is going to be quite tricky. If the oppsite party is legally smart then they may claim prescripttive rights over the property. And non collection of rent is going to work in their favor. You should make a reference to the old agreement and see the language used. You will need a smart expert to handle this as it may go beyong a mere court issue.

Regards

Chetan(dot)7679(at)gmail(dot)com

Advocate Bhartesh goyal (advocate) 13 June 2013

File a suit for eviction on ground of personal bonafide necessity and on default in making payment of rent.It is hardly matters that shop was letout in the year1960,if your need /requirment for shop is genuine than you have strong case .