Landlord-subtenant-tenant prblem
Maran9500028999
(Querist) 05 April 2012
This query is : Resolved
Dear all, Landlord have leased out his shop to A party after receiving adv and rent of 2000/-. A started business for some year and let out to B party after getting adv and monthly rent of 4000/-. A receives rent of 4000/- and pay 2000/- to the landlord. Now last month, landlord got the new and locked the shop, where the party B talked with landlord and made fresh adv of 2lac and monthly rent of 4000/-. B party informed this to A party and asked the adv amt to return, A party returned half amt and went to police station and registered a case against landlord and B party saying the A party materials are in the shop and B party and landlord are disturbing him.Police authority threatening the B party and landlord and asked the B party to vacate the shop and give to A party. Whether the police have authority to file case against B Party and landlord, and what is the procedure to be followed.Please help me
Adv.R.P.Chugh
(Expert) 05 April 2012
The Tenant could only have approached the civil court for recovery of possession. The police are acting illegally and on extraneous considerations.
ajay sethi
(Expert) 05 April 2012
A is legal tenant of landlord . A has illegally sublet premises to B without landlord consent .
landlord ought to have filed eviction suit . instead he became over smart and directly took B as tenant .
naturally now that A has lost his rental source of income he will try to hrass landlord and B .
landlord could not have made B a tenant . ask the landlord to return th e advance taken from B and settle with A
V R SHROFF
(Expert) 05 April 2012
iF a pARTY FILE CRIMINAL COMPLAINT, pOLICEC HAVE TO TAKE ACTION. :
iT IS CLEAR a MANAGED pOLICE, BUT HE HAD NO OTHER EFFECTIVE ALTERNATIVE. b WILL BE IN TROUBLE, FOR THEFT.
Maran9500028999
(Querist) 06 April 2012
Thanks for ur reply, Landlord is not returning back the advance amount to B, instead the landlord instruct B, not to afraid. B really worried about this, at this stage, can B go for AB. whether police can close the shop, do they have power even if it is criminal or civil complaints.
