Licensee vacated my Shop without paying my Rent and Shifted to others shop next door
2 years ago
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 ?
A.Dear Sir,
My answers are as follows:
1. In these circumstances what remedy is available for me?
Ans: You have to get issue a legal notice followed by Eviction Suit.
2. What type of suit/complaint can I file?
Ans: You have to file Eviction Suit and not complaint with police as it is civil case.
3. What if the Leave and Licence Agreement of 11 months duration is unregistered? Can it be considered in Court ?
Ans: Some penalty will be imposed and it will be admitted in the evidence.
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 ?
Ans: Depending upon State Stamp Duty Act and circulars thereunder normally no penalty will be charged as it is only for 11 months.
Vaidehi Samant
Responded 2 years ago
If you have found the answer helpful than please provide review and give ***** as appreciation. Thank you.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Yes, the considerations must be met in order for the contract to be valid, according to the Indian Contract Act. You can file a civil lawsuit if you are not paid compensation or if you are owed money that you are lawfully owed. To begin, you must serve legal notice on them, requesting that they refund the whole sum, plus interest, within 15 days of receiving the legal notice.
Thank you. Kindly rate the answer
A.Hi Sir,
Yes according to the Indian Contract Act, the considerations have to be fulfilled in order to ensure that the contract prevails. You can a civil suit for not paying of compensation and for clearing the dues that you are legally entitled to. Firstly, you will have to serve legal notice to them asking them to repay the entire amount along with interest within 15 days of receipt of legal notice. If they fail to do so, you will have to file a suit for recovery against him to recover the dues. If the agreement is not registered it cannot be considered in the court of law.
Thank you. Kindly rate the answer.
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