Non payment of rent & refuse to vacate property
hrishikesh
(Querist) 23 April 2016
This query is : Resolved
A Partnership firm registered in 1980 with 5 partners share holding ratio 20% each.( A-20, B-20, C-20, D-20 & 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% but the amendeed deed was not registered .now Partner A& B have entered into a leave and licence agreement for 5 years with a third party 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 starting the agreement should be null and void as we they have given no authority to partner a and b to sign any document on behalf of the firm. , Partners have got statasco order from court but the status quo order was only it seems they will not create third party or transfer the property which even they have given in writing. And it become absolute. The orther partner brought of notice of motion stating that till the suit is decided in the city civil court kindly deposit the rent amount in court . but that notice of motion was rejected on the grounds stating that in the main plaint partners (C, D, & E) have not asked for money so on that grounds notice of motion was rejected. then other partners brough chamber of summons in city civil court to amend their prays but even the chamber of summons was rejected on the grounds that you are changing the main structure of your plaint - now the other partners have filed. Writ petition in high court for asking that the chamber of summon should be granted and that that matter is still pending in high court.now its been almost 5 years that the licence has not been paid their share of rent while partners A&B are taking there shares of rents ie.20% each. In the court they are just getting dates and the party is enjoying thier premises by just paying the rent to the 2 partners in their respective ratio. . But the contention is that the partners A & B may renew the rent agreement which is due shortly. without other partners i.e C,D & E concurrence. So now partners C, D and E have filed an injunction suit against partners A and B that without the consent of partners they shouldn't renew or sign any leave and licence document on behalf of the firm that matter is also still pending . now even the contract of leave and licence agreement has been expired , now neither the lisencee is paying rent to the other partners and now even refuse to vacate the premises . kindly advice what prompt action the partners should take to safeguard the property and also get rent for last 5 years .
hrishikesh
(Querist) 23 April 2016
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