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anubhav (manager)     26 November 2016

First floor in lieu of ground floor in personal necessity

A shop tenant (in Punjab) is facing personal necessity eviction suit. The tenant wishes to leave ground floor which the owner needs in lieu of first floor, he (tenant) being ready to construct both floors on his own expenditure. Is anyone aware of such judgement by any court?

At this time the shop has only ground floor.


 6 Replies

Ms.Usha Kapoor (CEO)     27 November 2016

If such  a clause is there in the lease agreemnt or rental agreement permitting you to costruct first floor you can construct first floor. IN the absence of such a clause in the rental agreement you can't unilaterally construct first floor. Be on  the look out for  a spce for a new shop/Would you give me profile like in exchange for  a free legal advice from my end?.

Kumar Doab (FIN)     27 November 2016

The owner shall decide.

Dr J C Vashista (Advocate)     27 November 2016

The tenant has no legal rights to construct, reconstruct or renovate either the demised premises or any other portion/floor of the building without consent and permission of landlord/owner.

If the owner has filed a suit for eviction of tenant on the ground of "bonifide requirement" the tenant has no option but to handover peaceful vacant possession of the tenanted premises. 

Kumar Doab (FIN)     28 November 2016

The tenant can not impose any condition of 'on lieu of..........................'

anubhav (manager)     28 November 2016

Thanks for reply Ms Kapoor, Mr Kumar and Dr Vashishta. I was told by someone with authority that such precedence does exist but I am not in contact with him at this time.

Kumar Doab (FIN)     28 November 2016

Senior expert Dr. Vashista handles such matters.

You can approach Dr. Vashista and send the authorities that you have recieved and cited, and benefit from his counsel.


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