jitesh Godambe (Director) 12 July 2012

Rental property

I have taken a property on Rent in year 1991 for commercial use.

From Last 5 years I m not using that place because there was some problem in business but I was paying rent on time to owner (But that premises is under my possession only).

In December 2011 I went to owner and asked to give NOC to MSEB. I wanted to take a new Electricity miter connection because I wanted to Re start business at same place.

Till the Dec 2011 owner was taking rent as per agreement which we have made in 1991.

After Dec 2011 owner is not ready to accept Rent. But owner asking me to vacant the place.

And she have booked a complaint in police station against me ki I m not ready to vacant premises.

1) Do I need to vacant place?

2) What is the roll of police when this is civil matter?

3) If wanted the retain the place what steps I need to take?

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2 Replies

CA. Vikash Dwivedi (Chartered Accountant) 12 July 2012

Dear Jitesh,

did u enter into rent agreement? was it registered??

if u didn't enter the law is in ur favour

if u entered but not renewing law is again in ur favour

jitesh Godambe (Director) 13 July 2012

Thanks for ur help.

I have entered agreement in the year 1991 but it is not registered it only on stamp paper of Rs. 10.

After that I have never renewed but i m paying rent on time every month.

1) What is the procedure if I wanted to take electricity miter connection at same place?

2) Police are calling me every time and they are telling me to vacant place. What should be answer of mine to police for the same.

3) Owner is coming every time and telling me to vacant place. What should be answer of mine to owner for the same?

4) Is there any procedure in civil law from where I can take stay order or something to do not vacant place & take a electricity miter connection? or I need to wait till the owner go to court.?

Thanks.