Can rented commercial property be vacated

U may file a writ petition asking the high court to direct the concerned authority to enter into a lease agreement. Allege discrimination. Alternatively u can also approach the concerned collector or municipal commissioner.

thanks sir but my questions in other points are not replied specually can they refuse ot build file and can ask me to terminate tenancy if i dont wanmt lease and continue rent arrangement?

what is similar rent in the area. You can not be forced to vacate, go to civil court for standard rent.

Thanks.I went through rajasthan Rent control ACT 2001.Actually all government and local bodies are exempted from the rent control act.So how it affects the issues? can standard rent be enforced on municipal;a corporation.The market rent is very high today in that area due to property price escalation in last 7 years.But most of private tenants are paying much less as they are occupying properties since a number of years.But they come under rent control act.Municipal corporation does not.

Can local body discriminate and revise rent of an individual case as they have thousands of rented properties right from before independence allotted to lacs of people in rajasthan.The rents re very low.hence government came up with the order in 2000 to allow local bodies to issue lease deeds to tenants of all types and even those who further transferred to some one else to pay up certain percentage of reserve price as per age slabs .IN my case the slab is 30% of reserve price of the area.But local bodies are not entertainign applciations in this regard.

Mr Gupta

Before you take any step most important point to consider is the use of the shops allotted to you.What was the purpose and the actual use of the property is to be kept in mind before going to any court of law.

Since 2001 govt.'s view and courts' view is not in favour of tenant,so think twice before proceeding further.

Although the rajasthan rent control act 2001 is not applicable to govt properties but the mindset of judges is not in favour of tenants.

The right course would be to apprach local municipal authorities only.

For further advice - Provide details of occupancy since the shops were allotted to you .

Thanks.

The shops were  gioven to me on 3 years license for two wheelers sales and service as I started  self employment  under a central governemnt undertaking plan for engineers.I have till date not chnaged the use.I have not done any infirngement of conditons at all and property is also in same shape/condition.

 

Kindly note that they lost the file ofmany propertuies about 15 years back and stopped colelcting cheques.Recently I have deposited 8 yesr smount to them from 2004 to 2012 march as lumpsum to bring matters up to date subject to my undertaking that i fthey find any arrears in rent from their record rebuilding they can chnagre me and i will pay.I am not in fault in nay mannber.

Now when I approche dthem in 2011 to rebuiold file they started file rebuilding process on my pressure.I submitted occupancy affidavit and allotment to me. Notary atteste dcopies of lceinse ,other leters received form them and many orther documents like muncipal tax,water,elctricuty ,sales tac regoistration and so on.I have infallible evidence that shops are allotted to me and are being used and occupied by me and not used for nay other prupose.

Their engineerign department ha salso conducted site visit and verified everything.Now when time came for them to lodge FIR against their old babu who was last in custodyu of files and to put paper piblicaiton to complete steps mandated, they have startd dillaydallying and referred file to law section.they say it is very old agrememtnand we will terminateit.How can they?

There are more than 1 lca property in rajsthan rented out  to various peoploe and on old verylow rents by corporatiosn and UITs/

 

Also a order was issued by State goivernmemtn in 2000 that permitted all lcoal bodies to issue 99 year lease deed through their settlement committes all such proertyies gioven on rent/license/use and occupation of all types inlduing land and kisoks at certain percentage of current reserve price of area.Even they mention that property further disposed of by orinal licencee /tenant by sale or otherwise without approval will attrct 5% axtra payment.This percentage is in 3 slabs covering perios before 1947 to 1990.

So all these points of terms and condrions etc have been closed by government.

Do I get protection by this order and law settled in it?

Presently they are no accepoting application for issuing lease deeds to tenants/licencess.

Can they increase rent whic I am paying till date as original one?

Can they evict after 35 years of use?

 

I hope I have given detailed replies.

Mr Gupta

You should deposit rent every month.Your depositing of rent for 8 years is breach of the agreement.

You are tenant for last 35 years it does not make any difference.

The provision for govt properties are not available in hand so I would not be able to suggest at present.

You would be having the agreement,go through it and take precautions and rectify your shortcomings.

Be particular strictly to deposit rent monthly.

Thank you. First thing I am not sure of the contents of agreemnt as  it is unregisterd  on plain paper and orginal file  was lost by department several years back and then they stopped presenting checks on their own.The terms of agreement , its contents and genuinity of agreemnt are not verifiable as original papers are not available.One can't remember things for 35 long years. I never received any notice till date .I personaly met the officials 5-6 times in different years but same pet reply came that file is not there. I even saw checks lying with the dealing clerks as it is. The checks sent by registered post were also not presented Recently I argued with the authortiy officials and pursuaded that even if file is not available there is no harm to take payment as any backlog if found from their account books in future can be intimated to me.I have paid for entire amount as per my available record with me and memory and even including upto March 2012 in advance. In my memory I have never defaulted in any matter with nay party. I even pay credit card bills in advance and keep some amount in credit. In fact it is authrity which is at default in every thing.They have lost file and opriginal papers,they arenot willing to rebuild file.They have abandoned the property for 35 long years, they did not present checks.They never entered into any interaction and so on.As regards rent arrears there is law of limitation but I still paid for 8 years as per my records available as I have positive intentions always.I hope you find this in order