Licensee vacated my Shop without paying my Rent and Shifted to others shop next door
What is the remedy available for me in following cicumstances 1. I had rented one shop in Ambernath, Thane District and had Unregistered Leave and Licence Agreement Signed with Licensee for 2 years period which was to end by Nov. 2022. One clause was added in the agreement to Register this agreement as soon as possible as the Licensee had expressed some problem while taking the shop. But later too, he avoided to register the agreement purposefully. During last years lockdown he did not pay the rent for Six months. 2. Then before completion of the term of this agreement (Nov. 2022) I made new Agreement in December 2020 for the term of 11 months by cancelling the earlier agreement. In this agreement too I had added the clause to Register the agreement as soon as possible considering the Lockdown, my ill-health and Licensees unwillingness. 3. During recent lockdown too, again he did not pay the rent for 3 Months. 4. Local bodies had sent me notices for taxes threatening to seal the shop for which I asked him the rent but he always gave excuses. Being a Senior Citizen and my ill health, having only source of Income from this shop as a rent I had to borrow to pay the taxes. 5. Suddenly the Licensee vacated the shop and shifted the shop having almost double the rent on road-touch shop next to my shop without paying my rent of 9 months the same excuse of No money but has paid heavy deposit for new shifted shop along with expenses for furnishing. 6. While leaving my shop the Licensee has given me undertaking signed by both of us including two witnesses stating he owes me amount including the unpaid months balance rent. This undertaking is on plane paper. 7. Now he has started saying that there is no any money he owes to me stating he has given me all dues and then only he was allowed to take his belongings by me. 8. Due to lockdown and governments suggestions etc. it was difficult for me to pressurise him when he was in my shop and he too was threatening me that he will commit suicide if I ask him money, audio recording available. Infact despite Governments order for complete shutdown, during lockdown he was doing his business audio recording available also the electricity bill was very high and neighbouring people too are witness. 9. The present Leave and License Agreement of 11 months term also has one clause that, this Agreement shall be governed by Indian Contract Act, 1872 and Parties entered this Agreement strictly in terms of provisions of Maharashtra Rent Control Act, 1999. My Query is : 1. In these circumstances what remedy is available for me? 2. What type of suit/complaint can I file? 3. What if the Leave and Licence Agreement of 11 months duration is unregistered? Can it be considered in Court ? 4. Will any penalty get attracted on me for not registering the Current LL agreement of eleven (11) months and prior cancelled LL agreement of 22 months ?
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