How to vacate lincensee ?
Struggling Landlord
(Querist) 25 June 2012
This query is : Resolved
I have given a shop in Leave and License agreement in the year 2008 for 3 years... It was duly registered.. The agreed terms are expired on Oct-31-2011. I orally asked him to vacate but he demanded me 3-4 months more time.. So I accepted the license fees in cash (not given any receipt or any proof)... I gave him last warning on Apr-2012...But still he has not vacated... Approched a lawyer.. He says we can file suite in Small Cause since Leave and License for commercial is protected under Maharashtra R C Act... My querry is : Can't I directly file a execution for getting him evicted? I am having vast experince of court... (though i m not lawyer) Now I dont want to letigate more... If I file a suite then again I have to attend wait for WS, Evidende.., Issues... Argument... then Order... Then appeal... rest on.... After that DECREE and then Execution....Is there any remedy where I can have executable agreement for such new occupant (Like compromise decree)?...or Directly calling police and get it vacated...? Pl guide... I m from Maharshtra... and very agited / frustated by such tenancy law... I hold huge property (but old rented) solved many tenancy cases... But now I am tired/bored by this Worlds Slowest Decision making system.... I am from a wealthy family well educated (Software proffession since 1986) but given my childhood and young age to court.. Now I have crossed 44.. want to leave peacefully.. ready to settle with rest of the tenant with reasonable rent but still I am not getting satisfied result..... I am presently (from last 10 years) working on My own designed Stock Market Trading System earning good money... I am ready to work or help to poor landlords like me ... So pl help me through your wonderfull site... I am ready to upload all my experinces/documents to this site.. which may be usefull to MhRC clients or practicing lawyers.. thanks to all... for contributting their valuable opinions to all such needy persons wihtout charging or any expectations... I appreciate all lawyers sincere human nature... thanks, bye... Keep it up... and all by best wishes to the moderator/owner of this portal....
Devajyoti Barman
(Expert) 25 June 2012
The law take its own course irrespective of what a citizen may have experience in court.
The filing of suit and its decision comes first in order and then the execution.
So listen to what your lawyer is saying.
Adv.R.P.Chugh
(Expert) 25 June 2012
There are no shortcuts, the policy & the manner of working of the rent laws is open to challenge, but until it stands we have to abide by it's word. You'd have to get the relief through the system itself. Don't get into extra legal means - might land you in more trouble or cases to fight.
Suhail A.Siddiqui
(Expert) 25 June 2012
Law take its own time but you may take law in your hands which will be illegal
