I am the joint secretary of a registered public charitable trust in Karnataka which owns 4 commercial shops. The rents accruing from these shops are used for the objects of the trust. One tenant is not paying the rent but is only subletting the shop against the written terms of lease. As the shop is big in size, it does not come under the purview of Karnataka Rent Act and we need to file an original suit. We had filed an earlier suit against that tenant in 2015 and obtained an injunction not to sublet the shop. Since last 4 years the shop has been kept locked and unused by the tenant. Can we take a ground in the original suit for eviction that since the tenant has kept the shop locked and is not making use of the shop since last 4 years, the tenant is liable to be evicted.? This is in lieu of our contention that the tenant is not paying the rent due to the trust.
If he pays rent regularly he cannot be evicted if he is arrears of rent then u have to file suit for recovery of rent and file suit for eviction stating that the premise is needed for trust use for self
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