Shop rent

yogesh (Querist) 23 September 2011 This query is : Resolved
a shop in u.p and rs-2200/- p.m rent
i will want to shop is leave by teant
but teant is not agree. not written agerment. kya mai shop khali karwa sakta hu.

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R.Ramachandran (Expert) 24 September 2011
You have to approach the court. But you have to show good reasons as to why you want the shop to be vacated. You have to take the help of a local lawyer for this purpose.

prabhakar singh (Expert) 24 September 2011
Any building or shop whose per month rent exceeds rupees two thousand[Rs.2000/= ]is exempted from the operation of the UP URBAN BUILDING(REGULATION OF LETTING RENT AND EVICTION)ACT 1972,by its section 2(1)(g)which reads"NOTHING IN THIS ACT SHALL APPLY TO THE FOLLOWING ,NAMELY:-any building,whose monthly rent exceeds two thousand rupees"

HENCE TENANCY OF YOUR TENANT IS A TENANCY MONTH TO MONTH GOVERNED BY TRANSFER OF PROPERTY ACT AND CAN BE TERMINATED UNDER THE SAID ACT GIVING ONE[1]MONTH LEGAL NOTICE TO BE SERVED UNDER SECTION 106 OF TRANSFER OF PROPERTY ACT, ON GROUNDS ENUMERATED IN SECTION 111.
The notice must be sent on correct address of the tenant giving him one month time to vacate by a registered post with acknowledgement due and duly signed by the land lord or his authorized agent,who may be an advocate or any POA.

As tenancy is not protected an eviction is possible.

Raj Kumar Makkad (Expert) 24 September 2011
aapko prabhakar singh ji ne theek sujhav diya hai. aap aapke kirayedar ko transfer of property adhiniyam ki dhara 106 ka noice dijiye or adhar bnayeeye dhara 111 main diye gye karno ko. ek maas ka notice paryapat hai. uska palan na karne par aap nyayalye ki sharam main jakar apna mkan khali kra sakte hain.

Sankaranarayanan (Expert) 24 September 2011
yes u follow mr prabhakar singh ji's opinion. If you have any agreement clause then get the nearest advocate 's advise