To vacant the shop which is rented since 1986/1987
Saurabh
(Querist) 12 July 2015
This query is : Resolved
A shop in West Bengal was given on rent by my late grandfather in around 1986/1987 without any kind of AGREEMENT. We only have a hand written letter with the tenant signature that the room has been given on rent. The tenant has regularly and promptly paying the rent though much less compared to the valuation. He owned another shop nearby recently, and refused to increase the rent of our room. He even threatens to give the rent to Rent Control.
We have also offered compensation to vacate the shop, but he is demanding money in advance with 3 months’ time.
Question is can a tenant directly go and pay the rent to rent control when the landlord has not refused to accept the rent? Secondly, after getting the possession of own shop, does not he bound by law to vacate our room. We are on the upper hand on his point. Can we ask the court to lock the room till any judgement has been passed?
Please reply as soon as possible.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 12 July 2015
1) send notice to pay permissible enhanced rent
2) faill to pay initiate suit for vacation since u rquired place n he has another shop
Rajendra K Goyal
(Expert) 14 July 2015
Consult local lawyer and proceed for getting the place vacated. The process is time consuming.
