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Manpreet S Bindra (MD)     12 March 2013

Landlord tenant issue


 

Dear Panel Members,
 
I am practicing Cardiology Medicine for last 38 months in a rented shop in Ludhiana (Punjab) and rent agreement is renewed after every 11 months on unregistered affidavit.
 
I came to know after a High Court Order Ruling that the shop I am paying for is in residential area and the owner is charging me rent of commercial or even more than that with 5% increase every year.
 
He is not giving me any rent receipt since first day but I am paying regularly my rent and other costs like bills etc with proof of same as bill xerox copies.
 
For last 6 months I have installed CCTV in my room and I am able to record giving rent to him since then on camera with clarity.
 
Now he is harrasing me so that I could leave the shop but it is not possible for me now as my clinic is established there well and I am paying all dues in time.
 
My agreement expired last month and he hs note renewed the same saying that we both are dealing fine then there is no need of the same.
 
I have sent him a notice to issue me rent receipts from this month onwards and to stop harassing me without any reasons. He has not replied to the same till day.
 
Yesterday I sent him Money Order of Rent of this month which will deliver within a day or two. I am sure he will not accept it.
 
Can you suggest me what can I do in this case to keep secure my possession in a firm way as I am paying regular rent with all other dues and nowhere any term of the agreement has been violated.
 
I read Supreme Court's ruling in a case of Mohd Ahmad vs Atm a Ram that tenant is immunized for 5 years, if he pays rent in time with market value of the area.
 
Please suggest me your valuable opinion. I will be thankful.
 
 
Regards
 
DR MS BINDRA
Cardiologist
Ludhiana.
 


Learning

 4 Replies

Advocate Rohit (Advocate)     12 March 2013

Dear Manpreet,

 

Tenancy agreement is a contract which is executed between the parties. in your case ifthe rent agreement is expired and not renewed. then you cannot force your landlord to execute the fresh one in your favour.

No Law gives right to one person to pressurise other for executing the contract.

 

if he keeps on accepting the rent then you may write to him for renewing the agreement. but you cannot force upon him.

 

Regards,

Advocate Rohit Dalmia

Manpreet S Bindra (MD)     12 March 2013

But is there any immunity for tenants who follow all terms of agreement and pay regular rent and other costs. This way anyone can disturb one's business anytime without any reason. I read so many posts but none was mentioned straight negative outcome as you mentioned.

Please give me some positive way to tackle the issue.

Regards.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     12 March 2013

You charge money for giving service in your profession so in similar manner engage a local advocate fix his or her fees and your problem wll be properly addressed.

 

There are solutions for all such problems  with a proper expert dealing in such matters.

Manpreet S Bindra (MD)     12 March 2013

Mr.Laxminarayan - Of course that will be done as legal issues are not solved online. I came across this website and thought experts will give their opinions in my issue but I think i was wrong. Great!


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