Status of business premises on pagdi basis
suresh naik
(Querist) 10 March 2015
This query is : Resolved
I Have Taken the possession of app. 500 sq.ft Gala on Pagdi Basis about 7+ years Back, Paying Regularly Monthly Rent By Bank Pay Orders.
(1) Agreement Not Registered by the Land Lord.(2)Now Land Lord Sent me a Lawyer's Notice, asking me to vacate the said premises, saying that (a)his sons wants to start a business in the said premises(b)False Allegations that, I'm creating Nuisanse to others (c) False Allegations that , I'm carrying out some other business activities , other than stated.
Last 6 Months,He did not accept the monthly rents.which I had sent him by Banks Pay Orders followed By E-Money Orders.
I have Preserved (1)Returned Regd Post Envelop containing said Pay Orders & Also Preserved the E-M.O. Record.
What should be my next move? Wait for him to file suit against me? & Fight as Defendant(Which I Feel Always Safer) OR Should File a Suit as Plaintiff ?
What are the minimum documents to be produce in court , to Prove that the said premises was in use for the last 6 months ?
Dr J C Vashista
(Expert) 10 March 2015
Contact and engage a local lawyer and file a suit for permanent and mandatory injunction against the landlord restraining him from forcible dispossession without due process of law.
ajay sethi
(Expert) 10 March 2015
agree with DR Vasishta
Rajendra K Goyal
(Expert) 10 March 2015
Well advised, agree with the expert Dr J C Vashista ji.
suresh naik
(Querist) 11 March 2015
Respected (1)Dr.J C Vashista(2)Devajyoti Burman (3)Ajay Sethi (4)Rajendra K Goyal (5)Malipeddi Jaggarao:-
Thanks a lot for your valuable advise,
I will be in touch with you from time to time for feed back and requesting you to extend your help in future also.
Thanks a lot once again.
Regards,
Suresh Naik
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
You should have moved the court with an application seeking court permission to deposit the monthly rental amount which was sent to the landlord and returned by him refusing the same, also since he has sent you a notice to vacate the premises, you may file an injunction suit seeking to restrain him from evicting you from the tenanted premises other than by due process of law. Consult an advocate in the local and proceed with the action suggested by experts above.
