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sivakumar anand (MANAGER)     02 January 2013

Need advice

Dear Experts

My friend has rent out a building for a shop in a suburb place and it is under rental agreement.

The monthly rental is Rs 2500 and the shop keeper has paid an advance amount of Rs 15000/- only. 

It seems , due to heavy debts the shop keeper has suddenly vanished along with his family by locking the shop but has informed my friend that he will come back within 2 months but never returned back. The shop keeper has a close friend  but he is also not aware of  the shop keeper whereabouts. 

The rental agreement is valid till March 2013 and the balance advance amount of Rs 7500 is with my friend. 

My queries

1. When and How to vacate the tenent ?

2.  Shal we break open the shop in presence of police and the shop keepers close friend  ?

3.  What is the legal process involved

Kindly advise

Thanks and regards

Siva

 



Learning

 1 Replies

LegalArrow ( Advocate Bangalore)     02 January 2013

1. you can obtain a decree of eviction from a civil court under Transfer of property act or under relevant local laws. A competent advocate can help you.

2. Police have no jurisdiction in the said matter, since the same is of a civil dispute in nature.

3. Legal process is only by filing a suit for eviction.

I THINK.


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