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Administrative Law

SALAMI BHARA

Bill issued in the name of a company whose proprietor is Mr.X ,now he opt for running a partnership medicine business with another person in the new name , in that case the land lord will take any legal action or eviction for the same and if land lord sues against the person who has given salami to occupy the room for his solepropreitroship business

( Kolkata, West Bengal )

1 month ago

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A.
Dear Client,
A person can run a business in the form of proprietorship, partnership, or a Private limited company. However, any alteration or modification in the nature and constitution of the business requires compliance with the terms and conditions of a contract and necessitates a fresh contract or agreement with the new entity or business to make that contract or agreement enforceable under the relevant law. Before the business's status changes, the owner should negotiate with the landlord; failing to do so may result in legal consequences, including forfeiture of the salami and eviction from the business premises.
S. K. Dutta Advocate S. K. Dutta
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A.
Dear Sir,
There will be some problems if land lord wish to take action otherwise no problem will arise. It depends upon payment of regular rents and advance amount and if the tenant does not cause any problem to the landlord.
Kishan Dutt Kalaskar Advocate Kishan Dutt Kalaskar
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Dear Client,

When Mr. X, operating a sole proprietorship, forms a new partnership to continue his medicine business in a rented premise, the landlord may have grounds for legal action, including eviction.

The primary concern for the landlord would be an unauthorized change in tenancy or deemed subletting, as most rental agreements and tenancy laws prohibit transferring possession or subletting without the landlord's written consent. While a partnership is not a distinct legal entity in the same way as a company, the introduction of a new partner and a new business name could be interpreted as a change in the original tenant's status and control over the premises, potentially triggering eviction clauses.

If the landlord successfully sues for eviction, Mr. X, as the original tenant who paid "salami" would likely forfeit that payment, in addition to facing legal costs and the loss of the business premises.

To mitigate risk, Mr. X should review his original lease agreement, consult a lawyer , and ideally, seek the landlord's formal written consent for the partnership arrangement.
Gourab Das Advocate Gourab Das
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