manish (secetery) 20 February 2015

Subtenancy by tenant coperative housing society shop

hi i am very new secretery of coperative society maharashtra our society is very old since 1981 at that time society having 4 shop in front side of sociert building and given on rent basis on unregister rent argeement on 5 rs stamp paper .tetant from begining not use that shop for any bussiness use as godown ,he having another big office just 2km from our place he is very irregular in rent .last one year rent is pending before 3 year he take new light meter as his meter cut by mseb for non payment but society not given any noc for that new meter ,he may be given forge document to mseb since last 3 month he give our shop to another person and create subtenancy we hear he got for this 12 lakh ,new subtenant make many renewvation in shop both not inform society now new one using this shop as local political party office .in old tenant agrrement we clearly mention that no subtenancy allow and no other person can use shop in any way like partnership etc.

now society want back our shop so what kind of action taken what is possibility in court matter in subtenancy matter what point should consider in tenancy terminate legal notice

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3 Replies

Kishor Mehta (CEO) 20 February 2015

Sir,

Please refer the terms of the agreement and file an eviction case in the Hon. Court that has jurisdiction for Rent Act cases in your area.

You may issue a notice to the tenant to forthwith stop the additions and alterations in the shop, as also inform the local ward officer of municipal corporation to take appropriate action in the matter.

According to the Maharashtra Rent Control Act 1999, [1] Subletting, [2] Additions and alterations, without permission in writing of the landlord, & [3] non-payment of rent, are grounds for eviction of a tenant. This may take some time but that is the only solution available to your society.

Good Luck,

Kishor Mehta

T. Kalaiselvan, Advocate (Advocate) 21 February 2015

You may take the help of a local lawyer, issue him a notice quoting the irregularities namely default in rent and letting out the premises on sub tenancy etc and the illegal renovation activity of the sub tenant and ask him tom vacate the premises immediately and handover the vacant possession to the society, if this fails to invoke response, you may file eviction suit against the original tenant and also implead the sub tenant as party to the suit and may seek an injunction against him from proceeding with the renovation work as well as carrying out business in the premises.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 07 May 2015

You can go to court. But I am not sure that you will succeed. The case will go on in the court for ages. The property also will undergo many transfers.