Addition of name
KETAN J SHAH
(Querist) 13 November 2013
This query is : Resolved
Respected Sirs
The Original tenaqnt is Alive. Two eviction suits are pending against him in the 2 courts. In spite of this he has changed the name of his business and has added his sons name in the business.The suits are in tenants name .
Can he do these changes without the consent of the landlord and with the pending litigations against him
Please advice.
Thanking you in advance.
prabhakar singh
(Expert) 13 November 2013
Change of name of business is not material so long it is a proprietor ship firm even during pendency of a case.
But in case a proprietor ship firm's constitution has been changed as a partnership subletting would be attracted as an addition ground of eviction under many state laws.
So better bank on your lawyer's opinion conducting your case.
BAALASUBRAMANNYAMM
(Expert) 13 November 2013
You are the "owner" and they are the "tenants" now and then. So there is no variation in case pleading, as the vacation of premises is only the object of the cases. You should place the attitude of the tenants, before the court's notice, which will help you in your favour, for eviction.
Rajendra K Goyal
(Expert) 13 November 2013
Agree with expert prabhakar singh ji, consult your lawyer.
KETAN J SHAH
(Querist) 15 November 2013
Respected Sirs
Shri Prabhakar Sirji, as per your opinion if it is proprietor ship the change of name is not material but in our case the change of name is making a big difference. Also the defendant says it is a proprietorship but the way the things are going on it does not look like proprietorship .There is no agreement between the defendant and his other family members.In fact when the premises was given to defendant it was only he who was doing business and later after few years his brothers name started appearing on the letterheads and he started signing all the papers and recently the defendants son's name has appeared on the letter head.
Would it be rated as proprietorship or partnership
Please advice
Thanking you in advance.
