Sarita (Trainer) 03 March 2015

Can i re-enter into my shop rented on leave & license basis?

Dear Sir/ Ma’m,

My shop in Raigarh (Maharashtra) is on Leave & license basis with Registered agreement. The licensee defaulted on payment and so, I, as per agreement, issued notice but the payment is still pending. My L & L Agreement terms specify that if Licensee fails to rectify default, I can lock the shop. The term also says that I, after notice, can re-enter into the shop, sell the asset inside to recover my dues. Since I followed all procedures as per registered L &L agreement, will there be any case of criminal trespassing, if I act as per the agreement and re-enter into my shop (after breaking the licensee lock)? Thank you in advance for your prompt guidance.

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3 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 03 March 2015

U have to give legal notice that he failed to pay. File suit in Small Causes Gourt. Within 6 months court will pass order

Sarita (Trainer) 04 March 2015

Thank you sir for your time & kind guidance. One small clarity is requested. The shop is empty except one chair, one AC. No one works there. I have put lock and have issued notice that I will enter into my shop after two weeks in case there is no response. Unfortunately, if that happens, what would be the most serious charges against me, criminal trespassing, theft/ burglary or something more? Are these offences bailable? Thank you in advance for answering my last query on the topic.

ANEESH MITTAL (ADVOCATE) 02 March 2016

Maintain one stand that tenant has handed over the possession of the shop to you on the specified date, after notice was issued by you to your tenant and further file an application to that effect in the police station of your area concerned, that the tenant has vacated the shop and handed over the possession to you and keep a copy of the same, put signature of 2 witness of near by shop. No needto file any case in court.