sec 210 kerala panchayat raj act and r. 27 kerala panchayat raj taxation appeal rules
salilkumarp
(Querist) 28 September 2008
This query is : Resolved
sirs,
my client has taken a panchayat buildig on rent basis for running a tea shop.he was paying rents regularly. but since it was on loss, has no option but to close the shop.
so he closed the shop and went away to his native place, which is far awy, in another district.
now the panchayat secretary has initiated both civil and criminal proceedings against my client who has done nothing wrong except due to ignorance,he has not completed the procedure of closing tenancy with the panchayat.
now arrears of rent are accumulating month by month,even when he is not the tenant actually.( not in legal sense).
now even if i do some thing such as sending lawyer notice etc. eventhen i cannot do anything for the past period for which also he was not the tenant actually( but legally can be intrepreted to be )
what can i advise my client to do
K.C.Suresh
(Expert) 24 October 2008
Dear Salil,
Legally your client has committed a mistake of not intimating the closing of the shop and cancelling the rent deed. Factually also even if your party close the business that does not mean that he has vaccated the room. So he is liable for the rent for the possession of the room with him even if it is defacto or dejure possession. With love K.C. Suresh
