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Ram (partner)     09 July 2014

Decorating the shop while eviction case is on the small cour

Sir,

Our land lord filled eviction and fair rent cases against us in small cause court. It is nearing for judgment. Now we want to do some decoration work (carpentry work, electrical work, tiles laying and small masonry repairs) due to the old and ugly look of our shop effecting our business and image. And as the case is in the court our competitors think that we will vacate the building in few months.

In order to overcome these issues and strengthen our business, we want to do the decoration work without our land lord permission.

My questions are

1)        Is it ok to do these works without owner permission i.e. can he able to get stay or something like that in court and stop us from doing or continuing the work?

2)        Will the court go in favor of the owner, even though if we give above mentioned reasons, as he is the owner of the building!

3)        What are all the precautions should we take it order to complete the work without anyone interruption? It will take minimum 15 days to complete the work as it is 1500 sq feet area.

 

I am asking all this, because if the work stops in the middle then it will be very big loss to our image, money and business.  Our lawyer is not giving proper advice, he says if you want to do then do it, so we need your valuable advice on this. 

 

(Note : We tried to negotiate with the owner but he is too greedy and we are not able to get a new place for our shop in the surrounding)



Learning

 5 Replies


(Guest)

I think you should wait until the final judgement come out. As i have no idea about your eviction case and who did what and when but as you say that the final order is about to come then some more waiting won't harm much. Once if the order gets in your favor then you can go on with your decoration.

Ram (partner)     09 July 2014

Sir,

If the verdict is going to be in our favor then the land lord will appeal in high court, if it’s going to be against us then we will appeal in the high court, so either way the case is going to be on for a while.

My question is, Can we do the decoration work without any interruption, or if any problem occurs can we deal it legally without much difficulty.

 

Or there is no way for doing any decoration work while the case is on the court?

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

In my opinion, since the case is pending before the court on a different issue and there is no stay order against you or  restricting your business and its related activities (including the one what you have proposed to go ahead now), there is no problem to complete the proposed modification/renovation/interior decoration.  As it is, based on the judgment, either the of the party are planing to prefer an appeal against the judgment before the higher court, so there is breathing time to recover the amount spent on such investment through improvised business . Go ahead if you think that you will be able to tackle the external pressures from the landlord and are confident about other issues in your favor.

1 Like

Ram (partner)     09 July 2014

Sir,

Thanks for spending your time for replying my questions.

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

You are welcome for your appreciations.


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