Legal Question in Civil Rights Law in India

BRIEF CASE HISTORY

1. I have taken a shop on rent basis from Satbir Singh Sahni (registered power of attorney holder of Pritam Singh Sahni his father on 12/11/96), by paying Rs. 50,000 as advance at a rent of Rs. 1500 per month, subject to be increased @ 15% after every three years.

2. But the attorney holder was not able give me the position till March 2008. The attorney holder gave the possession on 1/4/08 and increased the rent to Rs. 8,000 per month as per verbally discussion and the rents have been paid regularly to the attorney holder.

3. The attorney holder joined the firm from February 2010 and worked till February 2013. Total salary paid to him is amounting to Rs. 1,97,690.

4. The attorney holder has taken Rs. 9,37,922 as advance against the shop till March 2013.

5. On 11/3/13 the attorney holder demanded Rs. 20,000, but i refused so he locked one of the shutters of my shop and threatened to kill me and my family members. I lodge a F.I.R for the same at local P.S and he opened the shutter locked by him and afterwards he made an agreement for 9 months (by the actual owner) saying that INDENTURE OF TENANCY UNDER LEAVE AND LICENSE and increased the rent to Rs. 18,000. I signed the agreement as I had no alternative but there is no signature of witness in the agreement.

6. Now the owner and his son (the attorney holder) has refused to pay back the advance amount taken verbally against shop amounting to Rs. 9,37,922. The advance amount has not been mentioned in the new agreement.

7. I also have trade license from the year 2008 and we have all the receipts of the advance, salary and rent paid.

MY PROBLEM

If I vacate the shop, then I won�t be able to repay the bank loan of Rs. 40 lakhs taken against the goods in the shop. I cannot go to the local PS as he has managed the police.

PLEASE ADVICE

1. How to get a stay/injunction against the new agreement?

2. How can I get my advanced money refunded?


Asked on 9/07/13, 8:31 am

2 Answers from Attorneys
uttam Tibrewal

dear Client...

Do contact me at [email protected]

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Answered on 9/07/13, 9:21 am
Fca Prashant Chavan Expert Edge LLP

08.09.2013

Dear Sir / Madam,

Bank loan is against hypothication of stocks which you can sell off and liquidate in the market and repay the bank loan. Secondly, in an Agreement for Leave and License (ALL), the monthly compensation is revised after every 11 months, if renewed further. The monthly compensation for the shop and the salary are two totally different and separate issues and are in no way interlinked. I wonder whether it is an advance that you are referring to or is it Security Deposit. You ought to have receipts for the payments of Rs. 9,37,922/- made by crossed A/c payee cheques only which clearly state that it is towards Security Deposit. If not, you are in a "catch 22" situation. Proper advice can only be given after reviewing all documentation.

Regards,

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Answered on 9/08/13, 9:41 am


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