Legal Question in Civil Rights Law in India
I am owning a shop in a shoppig complex which I had given to one partnership firm on Leave and Licence basis for 11 months about 3 years ago.The agreement was made and signed but remained to be registered.On expiry of 11 months another agreement was prepared for renewal but the tenant kept on promising to sign and regeister in due course.However he issued a cheque equivalent to the Lincence fees for 11 months and one of the partners gave in writing that the cheque is towards the licence fees and the agreement will be signed and regeistered later.In the meanwhile the other partner was insisting on me to sell the shop to the firm which I did not agree.I therefore issued him a notice to vacate the premises but the tenant is neither vacating the premises nor paying any rent claiming that I have promised to sell the premises to him.I never promised in writing or verbally to sell the shop.Therefore I have filed a suit against the firm about a year back for vacating the prmises with compensation. The case is yet to come up for aurgument and the matter is lingering.I want to speed up the process.Is there any option like to bring an injunction or any other legal tool atleast to get the premises vacated quickly?
For your information one of the partners is confirming that there was no promise from our side for selling the shop to this firm. and is ready to depose or give a written statement to the court if required.
The Municipal taxes,society maintenance etc are being paid by us regularly.
The firm is using the premises illegally without paying any compensation
Shall appreciate your valuable advice.
2 Answers from Attorneys
as you have already filed a suit for vacating the premises against the landlord, there is nothing much that can be done unless there is change of circumstances. you may seek injunction against the tenant in your suit itself restraining the firm from sub letting the premises.
02.05.2012
Dear Sir / Madam,
An Agreement for Leave & License (ALL) of a shop / flat is done with prior Police Clearance of the Licensee. In case of leave licensing the shop to a partnership firm, the Police clearance of the managing partner is obtained. The ALL clearly mentions that all expenses borne by the Owner in case the Licensee fails to vacate the premises on the expiry / termination of the lease will be borne by the Licensee.
Leave aside and do not wait for Court proceedings. Do it quick. Initiate Police action immediately for forcing the Licensee to vacate the shop. It will be done within 3 days time.
You can mail me for any futher on-line advice at [email protected]
Regards,
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