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Sandeep Nagalia (Director)     18 January 2014

Property dispute

I have some shops that were given on rent by my grandfather. Through a family partition, these shops have come into my share. I am in service but now want to get back to start a business, as service conditions in the place that I work are not good. The tenants refuse to vacate. I have filed a case in the lower court for direction to the tenants to vacate because I have a requirement. During this time the tenants came and discussed outright sale of these shops. However, they offered a price which was not even worth talking about. However, I fear that they may have recorded this conversation and may produce it in court as evidence citing my desire to sell rather than do business. Is this admissible in court ? If submitted as evidence, will it adversely affect my case ? What can I do ?



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 January 2014

Dear,

Yes, they can produce it before the court and can use the same as documentary evidence, it will have an effect but the same would not be sufficient to adversely affect the case, you can say before the court that you have wrongly and pressure said the same, just to get back the same premises.

 

Advocate Kapil Chandna

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Biswanath Roy (Advocate)     19 January 2014

If such situation arises then in your defense you can submit that the tenant made a proposal to me that as the tenant carrying on business there for a long time so his business has created a goodwill in the locaality whereas, if he sifts his business at a new place he may loose its sales to a considerable extent as such the tenant requested me to start my business somewhere else the expenses and salamis of which  are to  be paid by the tenant  as valuable consideration of the shop which he is occupying.  IT WAS MERELY A PROPOSAL NOT AN AGREEMENT TO SALE THE SHOP..

T. Kalaiselvan, Advocate (Advocate)     19 January 2014

As Adv Kapil opined, it may be used by the tenant against you but he has to prove it properly and that cannot be a ground for refusing to vacate.   As somebody told that it is just a proposal and not an agreement for sale, so it may not have any impact to the case.Proceed confidently.

Mahesh Reddy (Financial Analyst)     21 January 2014

I have a house in a prime locality which is  150 years old and the condition of the house is very weak, it can fall anytime. I want to demolish the house and construct a new one. But the problem is my house is attached with a single wall to my neighbor's house. If i demolish my house, the neighbor's house would also fall, so he is not allowing me to demolish the house. I want the municipal authorities to inspect my house and suggest me a way to demolish the house in a legal way. I want to be legally strong from my side so i would like to take all the necessary actions before starting the demolition. Suggest me what steps need to be taken in this case.

Biswanath Roy (Advocate)     21 January 2014

Go and check up your Building Plan in the office of your Municipality if you find  that the common wall in question is the part of your building then serve notice upon your neighbour for demolition of your wall otherwise you shall have to take shelter under the law after taking demolition order from the municipality.


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