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Bipin Dimri (software eng.)     11 January 2012

Tanant is not vacating the shop

hi

I  rent out my shop 6 months back ,and my tanant took a shop for small food items and mobile recharge ,aggriment was made for 11 months , however i am not happy with my tanant beacuse he is running some property dealing work and tolet work from my shop, and on top of that he is not paying the rent on time, 2 times he gave me cheque and both cheque was bounced ,so kindly tell me i do not want him to stay there anymore what i can do ?



Learning

 4 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     11 January 2012

FILE 138 COMPLAINT FOR CHQ REBOUNCE. You should never presented the cheque, as you can't deny your relationbship, once you deposited his cheque in your Account.

You lost chance to throw him out by force. He can prove chq., even though bounced. H did not loose anything, and gained poroof, You did not gain anything by depositing cheque, and provied him proof. 

Also serve him Legal notice to vacate the shop.

Where , in wh locality ur shop is? & did u regd LL Agr? 

Adsv Shroff

11-01-12

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 January 2012

YES SIR , These are the tactics of defense which landlord forget in overconfidence.and commit mistakes.

Ibrahim Deshmukh (Legal Consultancy)     12 January 2012

While agree with Adv V R Shroff, I would like to add ;

In the Leave and License Agreement if the usage of shop is clearly indicated and if the Leave and License Agreement drafted properly on an adequate amount of stamp paper (purchased by either of the parties) and  if the same is registered with the Sub-Registrar Under Section 55 (1) of the Maharashtra Rent Control Act, 1999, your advocate should proceed issuing Notice of Revocation of Leave and License agreement due to usage of premises for the purpose, other than permitted one under the said Agreement and for further course of action you will need to refer the matter to the concerned competent authority in your area.

Furthermore, even if your Leave and License Agreement is not registered, but if it is well drafted clearly specifying the relationship of Licensor and Licensee, then the Bombay High Court judgment in case of  Amit B. Dalal V/s Rajesh K. Doctor, in which the Writ Petition was filed by Petitioner under Sec. 24 of Maharashtra Rent Control Act 1999, will also be a good defense, since in the said case a non-registered L&L Agreements, also got the  admissibility in the court of law.

Please take help of a reputed lawyer in your area.

Ibrahim Deshmukh
Legal Consultant
Kuwait
ibdesh@gmailcom

Avneendra Lamba (Private practice)     20 April 2013

Sec 24 only applies to residential properties . Can any one advise what section will be applicable for eviction of licensee under the MRC Act.

 


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