Non payment of Rent
hrishikesh
(Querist) 23 April 2016
This query is : Resolved
A Partnership firm constituted in 1975 with 5 partners share holding ratio PArtner A- 20% partner B- 20% partner C- 20% partner D-20% partner E - 20% While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 25%partner D 25%partner E- 25%. Partner A& B have entered into a leave and license agreement for 5 years with a third party( F) without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil court for termination of agreement stating that agreement should be null and void that they haven't given any authority to A & B to sign any document on behalf Of the firm - C, D and E got a statusco order from court where F would Not create any third party In Near future and can't transfer the shares of the firm to anyone . Now after the order F stillContinue to enjoy the firm premises without paying rent to C, D and E. So they brought Notice of motion demanding that till the suit is decided by city civil court the money of the leave and licence agreement should be deposited in court, as F continue to use the firm Premises by just paying rent to A and B . But the notice of motion was rejected in city civil civil court as judge states what you didn't mention in your main plaint you can't ask for any additional reliefs in notice of motion So C , D and E filed chamber Summons in city civil court bombay for amendment of prays but even that got rejected as judge states that your are changing the nature of suit -So thereafter C , D and E filed a writ petition in high court bombay which is pending .Now it's been 5 years the leave and licence agreement itself has expired so the contention is that the partners A & B may renew the rent agreement C , D and E filed and injunction suit against A , B stating that without the consent C, D and E - A and B can't sign any document on behalf of the firm .( this matter is also still pending ) - Please advice how shall other partners can stop THE RENEWAL OF AGREEMENT AND RECOVER their possession from F as the contract has already expired - And F continue to still use the firm premises without paying rent to other partners.
P. Venu
(Expert) 24 April 2016
The matter requires professional consultation.
Kumar Doab
(Expert) 24 April 2016
Expert Mr. Venu is right.
Rajendra K Goyal
(Expert) 24 April 2016
Discuss with local lawyer and show him all the documents / case file.
Rajendra K Goyal
(Expert) 24 April 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Illegal-use-of-firm-premises-by-tenant--595516.asp#.VxyXEVZ97IU
Kumar Doab
(Expert) 24 April 2016
If repeated no reply.
