Dispute of shop with nagar palika nigam regarding leasehold right vs rent
AMIT KUMAR MISHRA
(Querist) 25 February 2016
This query is : Open
Disputed Property
Shop No.21, of Nagar Palika Nigam, Rewa, District-Rewa (M.P.)
Shop Owner Manik Lal Khandelwal
History of Shop of NO. 21
A one floor building was constructed in the year 1991 by Rewa-Sudhar Nyas, Rewa, in which 41 shops in ground floors and 25 Advocate chambers in first floor were constructed in this building.
Out of 41 shops 32 shops were sold-out as leaseholder of 30 Years @ Rs. 100/- Per year.
In the year 1994 Rewa-Sudhar Nyas was merged in Nagar-Palika Nigam, Rewa.
Then in the year 1998, Nagar Palika Nigam, Rewa has invited an premium auction in news paper for auction of remaining 9 shops. In news paper conditions were written for auction that "Condition for auction shall be seen in the office".
By this premium auction my client Maniklal Khandel has paid advance Rs. 5000/- for entering in premium auction and got Shop No. 21 in auction.
Then after 6 Months client has paid remaining premium amount Rs. 29678.00 to Nagar Palika Nigam, Rewa.
Where it has been told by Office that you have to pay rent @ 200/- per month also.
My client said that in this complex all shops are in lease rent @ 100/- per year.
Then dispute begans here:-
1. Nagar Palika Nigam Says that clients has to pay monthly rent @200/- p.m. along with premium amount Rs. 34500/-.
2. My clients Says :- I have paid premium amount and I am owner as leaseholder as per previous all shops in this complex are in leasehold rights for 30 years.
You are kindly requested that give appropriate direction and any citation regarding in this case.
