Legal Question in Civil Rights Law in India

Hi,

I had rented a shop in Delhi to person A 25 years ago and he had used the premises for merely 7-8 months during this time period. Now, after around 25 years, instead of using the said premises by himself, he has allowed someone else (person B) to use the premises without my consent, though person B is running the shop by using the name of original tenant (person A i.e. by using signboards etc. ). But the original tenant himself is neither sitting at the shop nor paying any visit since the date of reopening of the shop recently. The original tenant is well settled. The original tenant (person A) might have entered into a partnership deed with third person (person B).

So, can I prove this as a case of subletting ? What are the grounds on which I can sought an eviction of my shop ? Are there any laws by which I can stop the third person from using the shop ?

Please advice.

Thanks

Ramesh Bhalla


Asked on 3/25/12, 2:18 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

even if the original tenant is in partnership under the same name, you cannot evict him on the grounds of sub letting unless you have a proof that the original tenant has nothing to do with the venture. however, you may seek eviction on the other grounds available under delhi rent control act.

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Answered on 3/26/12, 2:17 am
Setu Niket Curare Legal

Kindly contact with complete documents for further assistance.

Kind regards

Setu Niket

Advocate

Delhi

9873109672

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Answered on 3/25/13, 11:00 am


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