Eviction from my tenancy
Shuaib Ahmed
(Querist) 19 March 2016
This query is : Resolved
Dear Sir,
We rent a godown for our raw hides business in Bakaram, Musheerabad, Hyderabad since 2002. We have a rental agreement for the same and our business is registered in this address. We started the rent with agreement of Rs. 3200 in 2002 and gradually increasing it now to 6200/- after revising the rent around 1000 last year. Now the owner is demanding Rs. 8000/- from this month of April, which we have also agreed for. The one side wall of the premises belongs the adjacent building landlord, which he is demolishing for construction of new building in his place. Now our landlord is adamant and not agreeing to raise the wall of the premises that we rent and wants us to raise at our own cost or else vacate the premises. We have never defaulted the rent since the beginning, but he don't give us the receipt. Also the landlord takes possession of our godown for nearly 2 months every year during Bakrid festival, but we pay the rent for that 2 months also to him. Please advice me on this
Dr J C Vashista
(Expert) 20 March 2016
Whether the agreement is oral/written; registered/notarised?
What are the terms and conditions of the agreement?
The agreement is for how much period?
Presumably it is "Lease and Licence" isn't it?
Whether the premises forms part of the area governed by Rent control Act or Transfer of Properties Act?
Presumably your lease & licence agreement is unregitered hence it would be for month to month.
There are various other inofrmations which have not been disclosed.
Incomplete information cannot lead to form proper opinion and advise.
Consult a local prudent lawyer with relevant documents and seek professional advise.
Shuaib Ahmed
(Querist) 20 March 2016
Dear Sir,
Thanks for your prompt response.
This is just a written agreement in a 20 rupee bond paper but not registered or notarised and the period of agreement is not mentioned.
Anyway will consult a local lawyer. Thanks again
Rajendra K Goyal
(Expert) 20 March 2016
you can proceed to get a stay from the court for getting an order to prevent adjacent owner to demolish the wall being commonly used by both.
Discuss with local lawyer on all aspects / other available avenues after showing all documents and proceed.
