Legal Question in Landlord & Tenant Law in India

Hi ... We have a rented Shop , which was taken on pagdi 27 years back . We have been continously paying rent for the entire period but every now and then the landlord asks to increase the rent . In order to stay at that place we have agreed and increased the rent and were paying the increased amount . But now from the past few months he is asking to vacate the land but since this is the only mode of income for our family we are not in favor of vacating this land . I need your help to know if we can claim to keep that land with us and keep paying the rent or can we claim money from the landlord against the PAGDI we paid 27 years back . Is their any LAW under which the tenants who are using the commercial land from over 20 years can claim to stay at that place and landlord cannot get that land vacated untill he is getting the rent .


Asked on 8/20/13, 6:28 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.08.2013

Dear Sir / Madam,

Unfortunately, there is no such law which permits tenants using commercial land for over 20 years to permanently stay at that place. Because if such a law was prevalent, the tenant would be the deemed Owner of the property by paying a pittance.

"Once a tenant; always a tenant."

When you are not in favour of vacating the shop, you will have to keep paying the prevailing lease rates of commercial property in the locality every 11 months to the Owner. "Pagdi" or "Security Deposit" is always interest free, unless agreed and specified otherwise in the Agreement for Leave and License (ALL).

Regards,

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Answered on 8/20/13, 9:25 am


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