Legal Question in Landlord & Tenant Law in India
We are landlord and our tenents is more then 40 yrs old and we have filled an eviction suit aganist them since then they ard paying rent in shop but now they want to rennovate their shop and applied in the court for order as their furniture are 40 yr old .any way we can shop them frm rennovation or evict them.
4 Answers from Attorneys
You shall have to battle it out in court.
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11.02.2013
Dear Sir / Madam,
(Siliguri, Darjeeling, West Bengal)
You are governed by the pre-1985 prevalent old "pagdi" system wherein the tenant is required to pay the stipulated monthly rent to the landlord. The tenant does not need a Court order to undertake the renovation of the shop since there is no violation of the tenancy rules in renovation. But the tenant is doing it deliberately to get a Court order for going ahead with the renovation, to overcome the doubt or possibility of any eviction action proceedings being passed by the Court. In my view, since you are receiving the revised increased rent on a timely basis, your going to the Court seeking the tenant's eviction is futile.
Regards,
FCA Prashant Chavan
Mumbai
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