Advice required
hemant sawant
(Querist) 15 October 2011
This query is : Resolved
I HAVE ONE SHOP IN VASAI MUMBAI, LAST YEAR (OCT'11) I TOOK NOC FROM SOCIETY TO GIVE SHOP ON RENTAL BASIS TO CHICKEN CENTRE, EVEN SOCIETY ALSO GIVEN NOC TO ME, ON THAT BASIS I HAVE DONE REGISTRATION FOR 4 YEARS AGREEMENT. BUT LAST YEAR AT THE TIME OF AGM I.E. IN DEC'11 2 MEMBERS OF SOCIETY TAKEN OBJECTION FOR GIVING SHOP TO CHICKEN CENTRE. SO SOCIETY GIVEN ME LETTER STATING YOU HAVE TO CLOSE THE CHIKEN SHOP AFTER ONE YEAR, U CAN RUN UPTO ONE YEAR, NOW IN TODAY ON 14/10/2011 SOCIETY SECRETARY VERBALLY GIVEN ME INSTRUCTION TO REMOVE THE CHICKEN CENTRE??? PLEASE ADVICE ME WHAT SHALL I DO??? EVEN LAS YEAR MY NEIGHBOUR SHOP ALSO GIVEN ON RENT WITHOUT NOC FROM SOCIETY, TO THEM ALSO SOCIETY GIVEN ONE YEAR TIME TO VACATE THE SAID SHOP???? PLZ ADIVCE ME SHAT SHALL I DO????
ajay sethi
(Expert) 15 October 2011
did you forward copy of agreement with chicken centre when you applied for NOC .
was resolution passed in AGM that shop cnanot be given for running chicken centre?
if resolution has been passed in AGm it is binding upon you . you have to ask chicken centre to vacate the premises after giving notice
Shonee Kapoor
(Expert) 15 October 2011
also was the NoC given to you was time bound or it had no limitation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 October 2011
"TO GIVE SHOP ON RENTAL BASIS TO CHICKEN CENTER" are your words and you say that this tenancy was created by you after obtaining the NOC from the society.
Then i would like it to look on from a different angle that is acting on in trust of NOC you created a third party interest in the property by lease which has become valuable as well actionable against you should you ask the lessee to shutter off premature agreed period under the pressure of society now deviating from its permission.The stand of society is wrong.
But what is the remedy???
Advise the tenant to file a suit against you as well as society.
Raj Kumar Makkad
(Expert) 16 October 2011
All as no divergent opinion is found therein.
