Changing to new business
seenu
(Querist) 29 December 2016
This query is : Resolved
My grandfather bought shop in pagdi system 50 years ago after my grandfather expired my father is managing the shop ,recently landlord falsely tried to evict us on ground of weak building and non payment of rent dues , but we submitted the proof of the same in court the hearing is going on in court,now our old business is down so we decided to start new business in the same shop with different name ,will it cause any trouble in proceeding in the court due to this? our old business is bookstores now want to start computer center in new name so request experts to guide us in this issue.Thanks in advance
adv.bharat @ PUNE
(Expert) 29 December 2016
Changing business in the same premises will have no effect on court proceeding.
Adv. Yogen Kakade
(Expert) 29 December 2016
Was there any specific clause in the terms decided earlier about the purpose or nature of business or any specific business to be conducted in the said premises?
If Yes: It shall affect the case.
If No: There shall be no effect of the said case.
Adv. Yogen Kakade
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 09225510883
seenu
(Querist) 29 December 2016
Thanks for your reply sir we entered agreement in 1993 with landlord in that it has mentioned about the nature of business, will it be hurdle in starting new business? It is 11 months time period agreement , we didn't renewed agreement after that,landlord don't have the original agreement with him.
awaiting your reply.Thanks
Rajendra K Goyal
(Expert) 29 December 2016
Since the case is in court, it is better to show all related documents to your lawyer and discuss in detail.
seenu
(Querist) 30 December 2016
our lawyer is not sure about this,request experts to guide us
Guest
(Expert) 30 December 2016
It is for your livelihood and Agreed with Expert Adv.Bharat @ Pune
Guest
(Expert) 30 December 2016
All that depends upon the terms of tenancy agreement entered in to in the year 1993 in which nature of business has already been mentioned.
However, based on the given facts, it can be opined that you may be inviting trouble for your court case, if you change the nature of business. However, some definite opinion can be formed only after going through the terms of tenancy agreement, which your lawyer could well have interpreted. If your lawyer is not sure, you may have to change your lawyer.
Guest
(Expert) 30 December 2016
Rajendra ji,
Thanks for agreeing with me.
Guest
(Expert) 30 December 2016
Dear Author As Per the Views of the Court the Relationship/Dispute is Only Tenant and House Owner and the Business It No way Matters Unless and Until It is Illegal
Guest
(Expert) 30 December 2016
A tenant who had incurred a Loss because of the business for which the Rental agreement is made could always switch over to some other business which doesn't affect the clauses mentioned in Rental Agreement Irrespective of court cases.Here the Question lies for his livelihood it self.
seenu
(Querist) 02 January 2017
I thank you all for your advice's request expert to clarify me in this issue
Guest
(Expert) 02 January 2017
You are welcome.
