Temperory Injunction against a tenant
Sid-D12345
(Querist) 10 March 2011
This query is : Resolved
Dear Sir/Madam,
My grandfather made a lease deed in favour our tenant to run a shop in the year 1989 for 25 years in our property. The Tenant stopped paying rent in the year 2006 i.e. after the death of my Grandmother and subletted the property without our consent. So we filed a Suit for eviction and possession of the tenanted Shop in the year 2008 in which no interim orders have been passed by the court. The Tenant in the year 2010 made a Partnership agreement with two other persons who are outsiders and now they have started a drug Store in our tenanted shop and got all related licenses on the basis of the lease deed and giving bribe to Public Officials. Now we want to stop the original tenant to start a new business on the basis of a Partnership Agreement which is only shows on the face that it is a partnership but she actually subletted the shop. We just got a letter from the Municipality that they have not permitted any alteration in the tenanted shop (The tenant changed interiors entirely on the walls and ceiling.) as well as a permission to run a business to the tenant. Can we demand a Temporary injunction against our tenant under Maharashtra Rent Control Act to stop her not to part away possession of the tenanted shop using a Partnership Deed (I recently got to know that the SC has considered that it is a clear subletting where partnership agreement is made by the tenant with outsiders.)? And also what action we can take against corrupt Public officials for instance shop act inspector refused to cancel shop act license when we requested him that being a landlord there is no consent given by my father to run a new business in the tenanted shop by the partners? We have also filed a new suit for Mandatory Injunction as well as for Interim Injunction against the tenant on the same facts; does this new suit will affect our former eviction suit?
Thank You
Siddharth
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 March 2011
Pl do not blame shop inspector , it is his duty. landlord can not stop the tenants to introduce partners.
Sid-D12345
(Querist) 11 March 2011
Dear Expert,
Thank you for your reply. It is true that from the stage of notice we should have considered the future consequences, but my father never thought that our tenant is so mean that she will sublet the shop and now at present the shop is subletted using Partnership Deed to those people who are goons and they owned 3 illicit liquor shops in residential areas in our town, so they got money and strong political connections. But we are law abiding citizens and we have a faith in our legal system. We believe that we can stop them legally and getting Temporary Injunction is a part of it. I am also trying to find a procedure to launch a proceeding against their illicit liquor shop (one of those is behind my house), by one way or other I want to chock them using existing law to get my property back. And I believe I can do it.For this I need help and guidence?
Thank You
Sid-D12345
(Querist) 11 March 2011
In respect of shop Act Inspector, according to Bombay Shops and establishments Act and related rules and provisions. landlord's consent should be taken on Rs.100 stamp Paper before granting a licence in relation to a tenanted shop in state of Maharashtra.It's a mandatory procedure and the shop Act Inspector did not follow it before granting a licence to our tenant and when we pointed out the same he refused to cancel the licence on that ground. And we need help in respect of how we can take action against his non procedural act?
Sid-D12345
(Querist) 13 April 2011
please explain where you find misconception in my statements? I'm fighting my battle and I am ready to take suggestions.
Advocate. Arunagiri
(Expert) 13 April 2011
Dear Mr.Siddharth,
You have right to file a Interim application on the issue of alteration in the building.
You add the Inspector also as a party to the case and seek direction against the Inspector.
I dont know why you have selected to file suit for eviction. You are in Mumbai, You can file a RCOP case before the Rent Controller,for eviction and rent arrears. You will get quick relieves as the tenant is the defaulter.
Sid-D12345
(Querist) 14 April 2011
Dear Adv.Arunagiri Sir,
Thank you for your reply, actually the suit premises is in Solapur and here is no Rent controller. CJJD has power to entertain the Rent related matter and it is equivalent to the small causes court. My question is can a CJJD being a rent court give temperory injunction against the tenant?, Can a Public officer be added as a party in the rent suit for passing a licence neglecting the procedure provided in law or govt regulations? and what other remedies I have to stop this illegal business running without my consent in my property.
Thank you
