Tenant filed for injunction

Krishnamohan (Querist) 19 July 2013 This query is : Resolved
Dear Experts,

One of my close friend( owner) has leased a shop for a period of three years. The tenant wanted to setup a building material shop. The purpose of leasing is not in the agreement. The lease agreement is not registered but signed on Rs.100 bond paper. Tenant had paid 45 thousand as advance and rent per month is 5000.

After about 6 months, the tenant wanted to close the building material shop and open a hotel in the same shop. The owner did not agree for the same. The dispute started and some heated arguments were exchanged, but no physical handling. The tenant has filed a petition in the local court citing that the owner has threatened him using goondas to vacate the shop forcibly, which is not true. The tenant asked the court to give an injunction to avoid vacating the shop for the lease period. He has closed the shop and not paying the rent since then. The owner has tried to go for out of court settlement but the tenant is asking for huge amount to vacate. The owner filed a reply in the court requesting against the injunction.

Now the lease period is also over and the first hearing is due this month. The owner is not getting any income from the shop and his financial condition is bad. Now owner's lawyer has gone abroad and not going to be available for three more months.

What can be done in this case? Can he, during the hearing, request the judge orally or in writing to give the possession of the shop to him since the lease period is over? Or can he approach the judge in person before the hearing to give the request? Please advise if any other option too.

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Adv Archana Deshmukh (Expert) 19 July 2013
It is absolutely wrong to meet the judge in person and make any request. Ask your friend to engage some other lawyer and handle the case properly. The lawyer will take care of the situation to get the injunction suit dismissed.

Guest (Expert) 19 July 2013
1. Your friend can file an eviction petition instead of trying to vacate the injunction since it is a worthless job. No harm in that.
2. If the tenant has closed down the shutters for more than four months continuously, it is a valid reason to file eviction suit against him.
3. Since you have also said that the tenant is not paying the rent, he has become defaulter of rent. So your friend can file Eviction suit against the tenant for two reasons, Continuous closure of premises for more than 4 months and also Default in payment of rent. Engage a good lawyer in Rent control matters and proceed confidently.

Dr. Jyothi Vishwanath (Expert) 20 July 2013
Agreed with the experts.

Advocate Ravinder (Expert) 25 August 2013
No more to add, agreed with experts.

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