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Sreenivas V (S/W)     08 October 2021

Shop not vacating

We have a SHOP which was rented for a Family Saloon. No rent being paid since 3 years and shop not opening since 2 years. When asked to vacate he is saying he will pay my dues to some extent and will open shop and pay regulary the rents. He is quoting COVID reasons for the same. But again this story is going on since 3 months. He gave a cheque for Rs 1 Lakhs and when deposited in Bank it got bounced. We got letter from Bank saying no funds available. This happened 2 weeks back. 8 months back we filed police complaint also and he came to police station and promised to pay at least 1 lakhs by June this year and start shop. But he gave that check in Sep and now saying he will pay in cash and esacping like this for many weeks.

We asked many times to vacate shop as he is not opening also and he is refusing saying above story repeteadly.

Power meter also disconnected a year back as he did not paid electricty bill.

We don't want him to continue in our shop at any cost now, also he is due Rs 500,000 till now and the cost of articles in his shop will not cost anything more than Rs 200,000 if new articles. 

When we went to police station they are saying if we go legally it will take years as he will make the case adjourned for simple reasons and it will go years and the shop will remian closed for ever.

This saloon owner has three more similar saloons in POSH localities in VIZAG which are running fine and he has good contacts. He maintains costly vehicles.

Could any one can guide us in which way we can go on this for vacating the shop.






 2 Replies

Advocate Bhartesh goyal (advocate)     08 October 2021

You have to file eviction petition against tenant on the ground of default in making payments of rent and other available ground.

P. Venu (Advocate)     10 October 2021

Nonpayment of rent is a substantial ground to seek eviction.

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