Legal Question in Landlord & Tenant Law in India

Dear Sir,
I am having a shop on rent in Jaipur, Rajasthan, since Dec.2008.
I am paying the rent regularly by cheque to the representative of the landlord.
Today when i sent the cheque to the person, he refused to take the cheque and said
"I do not want rent, i want the shop to be vacated."
Please advise me what should I do so that the Landlord may not cause me a defaulter for not
paying the rent.
Thanks
S.K.Saxena

Asked on 5/05/12, 6:18 pm

5 Answers from Attorneys

ranganathan raghavachari R.Ranganathan & Associates

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You just send a notice to the landlord asking him to receive the cheque or provide you with his Bank A/c No. in which the amount has to be deposited. If the landlord does not accept either the cheque or if he fails to give his A/c No, then you file a case in the court for depositing the rent in the court.

Answered on 5/05/12, 6:28 pm

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Fca Prashant Chavan Expert Edge LLP

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06.05.2012

Dear Sir / Madam,

Tenancy Agreements prevailed till the early 1990's. Thereafter Agreement for Leave & License (ALL) and Lease agreements came into effect. It depends on the nature of the agreement that you have entered into with your Owner. Since you say that you acquired the shop in 2008, in all likelihood, it must be an ALL, which clearly stipulates the notice period for you to vacate. ALL agreements come under Police purview and not the Court.

You can mail me for any further on-line legal advice at [email protected]

Regards,

Answered on 5/05/12, 9:26 pm

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