How to prove subletting ?
Struggling Landlord
(Querist) 25 June 2012
This query is : Resolved
My father has rented a shop 800 sq ft @Rs 400 per month in the year 1872 or thereabout, then in the year through mutual understanding rent increased to Rs 800 per month, Now the tenant has ORALLY sublet the shop to Third party and that THIRD party being reach had renovated the entire shop and change the business to BATA Shoes shop, I enquired to BATA (usimg RTI) BATA replied that they had not given any franchase/agency to any body at my location, They said the person had purchased a bulk order from BATA and now he is selling through that location. The Subtenant has also chanhed the old board and diplsayed new BATA board, No Old shop name/ old firms name is in display. In my state Mahrashtra Rent Control ACT is in force, In this act tenant is permitted to change business (except for licence bearing such as hotel/restaurant) So tenant can change from textile trading to shoes trading... But this act wont allow subtenant (unless approved by landlord), I tried to search any written document between original tenant and subtenant but i didnt find any.....I am getting very meagre rent of Rs 800/- per month... where as neighbouring shop of same building age/size and are but tenancy is 3 years old is giving me 9000 per month, and ATM next to that is giving me 20000/ per month rented last year.... So Pl guide me... How can I prove subtenancy or get the rent increased.... How can I remove the Display Board name plate... ? How can I harass the old / sub tenant for getting me a reasonable justice..... Pl pl pl guide (The case is of my cousins property... who is 22 yrs old and studying law)... In MhRC act the rent increment is very meager ie 4% evry year from 2000 onwards... So I am again not getting proper justice.....
Devajyoti Barman
(Expert) 25 June 2012
File a suit for eviction of tenant on the ground of reasonable requirement and sub tenancy.
Adv.R.P.Chugh
(Expert) 25 June 2012
Dear Struggling Landlord,
File a suit for eviction on the grounds of subletting. Subletting is difficult to prove the courts accept that nowadays. Since it's a private arrangment between tenant and sub tenant landlord won't be in a positition to know or adduce proof as their agreement. Hence it's all a matter of inference - if in your case original tenant is not in possession and the BATA board is there now. It leads to the inference that tenant has subtenanted. It would be his burden to prove that there is no subtenancy.
Also invoke bona fide requirement as a ground.
Good Luck !
Sudhir Kumar, Advocate
(Expert) 18 December 2012
if bonafide tenant is not running the business file trespass case against the sub-tenant. He will submit certain proof.
You have already complaint to company that their banner is used and if you have to file litigation for eviction consult local lawyer whether company can be joined in eviction
