can a landlord lock a tenant's shop

Querist : Anonymous (Querist) 06 May 2011 This query is : Resolved
My grandfather made an agreement with our tenant about 40 years back to let out our shop which is now in a very upmarket locality of Bangalore city. The tenant has been paying rent regularly which is a meagre Rs 1,500/ whereas the prevailing rental in the locality is more than Rs 20,000/ per month. He had kept the shop shut for the past few months. One fine morning I suddenly saw the shop open with new interiors and products, then I realised he has sub let the shop. In a fit of rage, I chased out the employees and put my locks on the shop. Then the tenant came to talk & I refused to open the shop saying, he has to cancel the sub lease and increase the rent to atleast 50% of market rate that is Rs 10,000/ per month. He flatly refused to increase the rent and says that he has not sub let the shop and challenges me to prove it. I still have not opened the shop, but he is frequently threatening me that he will take some kind of action. I have made my stand clear that only if the 2 conditions are met, I will open the shop. I would like to know what action he can take and how I can defend myself. Thanks

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Parveen Kr. Aggarwal (Expert) 06 May 2011
You cannot forcibly lock the shop so long the tenant does not surrender the tenancy rights in your favour. The remedy available to you is to file eviction suit/petition in the court inter-alia on the grounds of sub-letting.