tenancy

Querist : Anonymous (Querist) 28 June 2011 This query is : Resolved
My friend entered into partnership with X for running a Cyber Cafe.A partnership deed was got executed & registered.Incidently, my friend is the owner of this shop.according the partnership firm executed a rent deed duly attested by a Notary Public.Due to some dispute,the business has been stopped & the shop is closed since Feb 2010....
1) X has not paid rent since Feb 2010;
2) Shop is closed consecutively for more than 17 months;
3) My friend is idle & needs shop for livelihood.
Please advise with reference to law/judgments etc so that my friend conveniently get rid of this problem.X does not listen to him.Advocates advise for suit (i) for default;(ii)non-functioning of the shop for more than 7 months & (iii) personal necessity.But I am afraid this may take longer time as i.s usually done in Rent?Eviction cases.My friend needs moral boosting too.Kindly advise at the earliest..Obliged.

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Raj Kumar Makkad (Expert) 28 June 2011
So far as moral boosting is concerned, you being friend can do better and otherwise also experts can do nothing on this aspect.

So far as other matters are concerned, the solution is either to sit and settle all things mutually or legal. Though legal system in India takes more and more time but there is no short-cut. It is better if your friend files a petition seeking rendition of accounts being partner and eviction petition with arrears of rent being landlord.

Tarun Thakur (Expert) 29 June 2011
if the keys of the shop are with ur friend then just open the lock and enjoy the premises. If the keys are not with ur friend just break open and enjoy. Reason behind is that ur friend being the partner has every right of entering into business. After taking possession just give a notice of dissolution of partnership through advocate. I have handled the similar case.

Shashikant V. Patil (Expert) 29 June 2011
As per your query, it is learnt that , your friend is owner of shop. Open it and carry on your business. And give notice of dissolutlion of partnership as suggested by Tarun Thakur.

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