Legal Question in Landlord & Tenant Law in India

Respected Sir,

Am sriram from tamil nadu. My mom runs a tailor shop for the past 20 years. but the shops belongs to another person and we pay rent for it. But suddenly they said that we need to get out of the shop as they are going to change the shop as their home. they just gave 2 months time. We are finding difficulty to get another shop in the short time. Can we able to extend it for 6 mnths or upto one year? my family depends on the income from the shop and its really a economical problem for us.. So is there any possibility to extend the period? but we did not do any agreement with them before 20 years. but we have registered with the 'department of industries and commerce' as a small scale industrial unit and got "permanent certificate" for the shop. We got the shop 20 years ago.. Can we do something sir? its more than a shop for us. its the survival stuff for us.


Asked on 9/29/12, 9:49 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.09.2012

Dear Sriram,

Presuming that you have not committed any illegal or utravires act in the premises for the Owner to seek your eviction,,the tenancy rights for commercial user has already been established, since you are in possession of and operating the tailoring shop since the past 20 years.

In my opinion, you should amicably resolve this issue with the Owner, seeking an extension of a year to relocate the business to a new premises, by mutually enhancing the rentals for the extended period of one year and agreeing upfront to consider revision in rentals year on year. Work out a "win-win situation" such that neither party loses in the bargain.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at prashant.pscl07@gmail,com)

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Answered on 9/29/12, 10:56 pm


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