Pathelogy lab on our premisis
ramneek
(Querist) 16 October 2014
This query is : Resolved
A doctor is practicing pathology in a shop owned by my grand father from past 20+ years...Now after my grand father demise that shop is transferred to me and when asked to doc to pay the rent according to market or else leave..he has ignored every thing..Now we have served him notice to pay the due rent..mean while I came to know that he is not a qualified MD and I read it somewhere that only MD can open a Pathology lab..I it true? can we challenge him either to pay rent or leave the premises in court?
Devajyoti Barman
(Expert) 16 October 2014
You can file suit for eviction to get back the back rents and for the premises as well.
If your doubt is right then you can lodge complaint against the said Doctor in MCI so they start inquiry and if the doctor is found to be unfit then lab may be ordered to be close down.
ajay sethi
(Expert) 16 October 2014
what is the current rent being paid by tenant ? is any agreement executed between your grand father and tenant . ? you cant increase rent arbitrarily . contact a local lawyer and based on his advice proceed further
Rajendra K Goyal
(Expert) 16 October 2014
For rent disputes, consult a local lawyer.
About degree, refer the matter to Medical council of India. He may be having / can engage some part time qualified pathologist on his roll.
malipeddi jaggarao
(Expert) 17 October 2014
Who said that a Pathology Lab is to be run only by a qualified MD? Why are you entertaining this doubt? Your concern is to get a fair rent or get vacated. Concentrate on those points only. Have discussion with him informing him that you require the premises for your own use and he should vacate within a reasonable period of 3 months. Ask him to increase the rent as per the prevailing rates in the vicinity for the interim period. If he agrees to vacate it, well and good. Otherwise serve a legal notice stating that you are the owner of the property now and you require it for your own purpose. If does not respond you will have to file a suit for eviction. It may take its own time for concluding civil cases. Hence, instead of entertaining counter-offence, have a dialogue with the doctor. If you are interested in increase of rent, you try to convince him quoting the prevailing rates. If you really want that he should vacate, tell him that the shop is required by you for your purposes and he should vacate within reasonable period. If he does not respond to both, then only initiate legal recourse.
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
Well advised by experts, issue him a legal notice asking him to pay the revised rent with arrears or to vacate the premises immediately, that is the solution you have before you now.
