Right of distress, forefieture of goods of a tenant (licensee)?
sahil gupta
(Querist) 01 February 2013
This query is : Resolved
A leave and License Agreement executed between a shopping mall and a lady regarding licensing of a shop (Icecream parlor), business was carried out by her husband who committed suicide. Now its been 6 months, no one has come up to us for continuation of business, no license fee is paid, Ice cream is lying in fridges, electricity charges are paid by Mall. Now mall wishes to let out the premises to another person using same fitour, furniture, fridge of earlier licensee. A 45 days notice for recovery of outstaning dues is already furnished through Regd. AD, which is returned (person has left the place), notice is also pasted on outside wall of premises.
Kindly help. How should we proceed.
ajay sethi
(Expert) 01 February 2013
the licensee is a lady . she has not committed suicide . issue notice at address mentioned in leave and licence agreement . place said notice in local newspaper too . you have to take out eviction proccedings
sahil gupta
(Querist) 01 February 2013
Thanks for quick response sir,
We have already issued notice at address mentioned in Leave and License Agreement.
Notice is returned due to reason mention (Left without address). We will surely place advertisement in local newspaper. How can the Mall adjust the License fee with the furniture, fitout, fridge lying in premises to save itself from losses.?? Can we auction them? What can be the consequences?
ajay sethi
(Expert) 01 February 2013
obtain court orders . then do the needful .
Raj Kumar Makkad
(Expert) 02 February 2013
You need to file an eviction petition with recovery of rent in the same petition. As the possibility of the ex-parte order is existing in the given case so better to adopt this course of action instead of suo-motto taking the possession and auctioning the belonging of the widowed lady.
sahil gupta
(Querist) 04 February 2013
What time it may take?
Can you suggest any quick measures?
ajay sethi
(Expert) 04 February 2013
no short cuts . it would depend upon pendency of cases in courts
