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Rasheed Ahmed (self)     08 June 2014

Shop owner files case for eviction despite paying rent

Respected Sir,

My Brother had rented a shop which was vacant and seeing TO-LET,he approached the owner,while in discussions the owner found out the he is a close friend of our cousin.when we found out that we called our cousin and asked him to come for negociations. after that there is a oral agreement stating that we have to pay Rs.20000/- as advance and an amount of Rs.7000.00 has been fixed as monthly rent.and the responsibility of developing or buityfieng the shop premises also lies with us and we have to recover that amount monthly from the owner.

It took 3 months to complete all the exterior & Interior works of shop,in that period whenever we asked for agreement the owner said that there is no need of an agreement as you are like my family.and we paid rent regularly by means of cash.

two months back we had a big opening ceremony invited all the local elders, corporators , local MLA and our relatives,friends & well wishers.

As we got good network my brothers business started to get good inquiries and 40% of which are coverting in to business.

the owner had a son who is doing nothing and used to come and sit with my brother as he is of same age my brother does not objected his coming.

suddenly after 5 months the owner send my brother notice of eviction stating the reason that my brother is not paying the rent since last 5 months,which is a lie.

we contacted our cousin and asked him to enquire to the owner what is going on his mind and why is he issued the false notice,the owner simply said that he dont want to talk and want us to vacate and does not need any one to mediate

we are in distress and we dont know what will happen to our investment and we are employed 3 employees and paying salaries,is there any way to stall the eviction if yes how and if not kindly tell us how getback our investment

we are not rich and the amount we adjusted for shop is from various sources and we have to pay them back

we will be very gratefull & indebted to you all



Learning

 1 Replies

H.JanakiManohar Rao (lawyer)     20 May 2015

Oral evidence is also admissable in courts,so when you are giving rent was there anybody with you.And yours is a business so you will be maintainning accounts and bank transactions.So explore all possible sources to show that you are paying the rent regularly.You yourself have invested for the shop decoration so keep all the bills and in case of necessary you take the evidence of the workers who worked for the shop. 


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