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Sridhara (Engineer)     01 November 2010

Taking photographs

Dear All,

There is a "tenant eviction from the shop" case going on since 10yrs, though Owner have won in one of the lower courts but the tentat appealed against the judgement. Now during this course the owner passed away and his wife and kids are representing the case. The tenant states that since the owner passed away and the family does not have any business experience, also one of the kid is working, they should not need the shop and he should continue. But even before the owner passed away the tenant took alternative accomodation for his business in the same street and running businees form the new premises under the same/old shop title and ST registration number.

The wife and kids need to take a photo of this new shop while tenant is conducting business. What type of challenges does this family face while taking photo of the tenant while conducting business from the new premises.

I hope someone among you will reply to this.

Regards

Sridhara



Learning

 1 Replies

B.Rajeshwaran (Manager Legal)     11 July 2012

Mr. Sridara ,

Even though the question is not clear,as per the tenancy act and if the landlord is seeking eviction  of the premises for his own use and occupation,he should prove his bonafide intention beyond doubt.In this case if the landlord has already taken another premised for running his business,then the petition is not bonefide one and there is no bar in law from taking a photograph of the business premises and producing  before the Rent controller.The photograph will only substantiste  the case of the tenant. Having taken an other premises for his business he cannot take shelter under the inexperience business of the lady . The lady has a good case.


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