Tenant vecation & opinion
SIVA KUMAR
(Querist) 02 June 2014
This query is : Resolved
SIR,(1) I AM STAYING AT AP. I HAVE LET OUT ONE PORTION OF MY ANCESTRAL PROPERTY TO BEKERY SHOPE AT CHENNAI IN 2007 FOR SELLING OF BEKARY PRODUCTS ONLY. AT THE TIME OF LET OUT 11 MONTHS AGREEMENTS EXECUTED (NOT REGISTERED) FOR RS.4500/- P M & ADVACE RS 50000/- AND AFTER 2 YEARS WITH ENCHANCEMENT OF 15% PM . FROM 2009 ON WORDS HE IS PAYING RS.5125/- PM, NOW THE AGREEMENT HAS NOT RENEWED TILL FROM 2007 IN THESE PERIOD HE HAS INSTALLED A BIG OVEN TO COOK/PRAPER BEKARY ITEMS AND WITH OUT MY KNOWLEDGE AND PERMISSION ,TAKING ADVANTAGE OF MY SELF STAYING OUT STATION (AP).
(2)AFTER SOME TIME HE HAS GIVEN THE SAID PORTION TO SECOND PARTY WITH OUT MY KNOWLEDGE AND PERMISSION SAYING US THAT HE IS HIS BUSINESS MANAGER . THE SO CALLED BUSINESS MANAGER PAID RENT IRREGULARLY SOME TIME. SINCE 2012 SEPTEMBER HE HAS NOT PAID THE RENT, WHEN EVER I ASKED THE RENT SECOND PARTY HAS TELLING US THAT HE MET AN ACCIDENT AND SICK AND NOT WELL, BED RIDEN ETC, THEN SECOND PARTY TOLD ME MANY TIMES SHOPE IS NOT RUNNING WELL, SO HE IS GOING TO VACATE THE PORTION SHORTLY. RENTAL RECIEPTS ARE NOT ISSUED TO THE FIRST AND SECOND PARTY FROM THE BIGINNING BY ME.
(3)NOW THE PROBLEM IS THE SECOND PARTY HAS GIVEN THE SAID PORTION DAILY RENTAL BASIS TO THIRD PARTY WITH OUT MY KNOWLEDGE AND PERMISSION SAYING JUST I CAME TO KNOW 2 DAYS BACK. WHEN EVER ASKED THE SECOND PARTY THE BALENCE OF RENT AND ASKED TO VACATE THE PORTION HE IS REPLING US TO COLLEC FROM THIRD PARTY (SAYING HIM HIS WORKER) NOW HE HAS TO PAY 19 MONTHS RENT WHEN I RANG UP FIRST (TENANT) PARTY HE IS THE AGREMENT HOLDER SAYING US LOOK THE DOORS OF THE SAID PORTION . SECOND OR THIRD PARTY HAS NO AGREMENTS .
(4)HE IS VOILATED AGREMENT RULES WE HAVE GIVEN THE PORTION FOR SELLING OF BEKARY PRODUCTS ONLY HE KEPT HEAVY OVEN TO PREPARE BEKARY PRODUCTS IN THE PORTION WITH OUT MY KNOWLEDGE AND PERMISSION HE IS PAYING ELECTRICITY BILL NEARLY RS.10000/- PM METRE IS ON MY NAME IT IS 3 PHASE 3KV CAPACITY HE SAID IT FOR FOR LIGHTINGS PERPOSE
(5)PLEASE LET ME KNOW THE RULES HOW TO VACATE HIM LEGALY?
(6)ON WHO’S NAME IF I HAVE TO GO COURT FIRST,SECOND OR THIRD PARTRY ? AND YOUR OPINION
PLEASE FIND THE ATTACHMENT
R.K Nanda
(Expert) 02 June 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 02 June 2014
Consult a local lawyer and show him all the documents. Send him the notice to vacate the premises.
SIVA KUMAR
(Querist) 03 June 2014
SIR IS IT YOUR OPINION PL.GUIDE ME ON WHO'S I HAVE TO FILE CASE TO VACATE PREMISIS
Raj Kumar Makkad
(Expert) 04 June 2014
This is the fittest case wherein your premises shall get vacated by filing a rent petition on many grounds like arrears of the rent, diminishing the value of the property, sub-letting, your personal need etc. A prior notice seeking vacant possession, arrears of the rent and payment of all losses shall be a good idea prior to filing of the petition.
