sub letting of rented shop
vinod bansal
(Querist) 11 April 2010
This query is : Resolved
R/members
A shop was taken on "PAGRI"by My client after making a handsome payment.This shop is under the ownership of a educational trust,when i contacted school management for making payment of next monthly rent,they refused to accept it and replied that you are not our tenant.Now my client is under so many apprehension of litigation etc.,what legal recource he have to adopt in given circumstancies,now previous tenant from whom my client take this shop is also not cooperating my client and saying that he is tenant of the school management.Possession of the shop is in the hand of my client. Regards
Kiran Kumar
(Expert) 11 April 2010
i think there is no rent note in favour of your client.
he might have paid huge amount as PAGRI but your client's possession becomes unauthorised....since the original tenant is not cooperating then it will create trouble....better compromise the matter.
Suryanarayana Tangirala
(Expert) 11 April 2010
If he apprehends forcible eviction let him file a Injunction suit,chances of succeeding depends on how the case is presented,Possession is the plus point he has no harm in giving a try else as kiran sir ad viced try n compromise
G. ARAVINTHAN
(Expert) 12 April 2010
pay some amount and made compromise
G. ARAVINTHAN
(Expert) 12 April 2010
since you have invested huge sum as PAGRI, then compromise will do the rest
vinod bansal
(Querist) 12 April 2010
Thanx to all respected members
Raj Kumar Makkad
(Expert) 12 April 2010
Bansal Ji! You know that it is entirely illegal to sub-let any property without consent of landlord as has been done in your case.
It is the sweet desire of the landlord to allow for sub-letting or nor and generally it is not permitted and eviction of rented property is sought so that it may again be rented out to some other person on handsome rent.
An illegal procedure has been adopted by your cleint and there is no legal solution of illegal problem.
He should approach the landlord and should obtain their consent on the terms landlord dictates.
H. S. Thukral
(Expert) 12 April 2010
Agreeing with Mr. Makkad and Mr. Kiran , I go with the advice advice of Mr. suryanarayana to file a suit for injunction and to take ad-interim injunction from dispossession from the civil court. Your client in that position shall better bargain with the landlord.
