Parting possession under Maharashtra Rent Act
I am co-landlord of a Cessed building in Mumbai , one of my tenant who`s shop`s rent receipt since the time he became our tenant was in the name of " Hirachand Metals " the sign board used to display the same name as on the rent receipt , since 2008 he has changed the sign board to "Global Industries Pvt Ltd" upon investigation with Registrar of Companies I have found that the original tenant is director in this Pvt Ltd firm and also he has taken an outsider as an Director, the paid up capital is Rs 1 lac, is this an act of Parting Possession without the consent of Landlord , if so can I file a suit for eviction ? secondly he pays us the rent to us by cheque drawn from "Global Industries Pvt Ltd" account , should we accept this cheque ??
Kindly guide how to proceed
Thank you
Asked 8 years ago in Property Law
Religion: Hindu
Global Industries Pvt Ltd`s registered address in records of Registrar of Companies is same as of the original tenant i.e Hirachand Metals , Global Industries Pvt Ltd was formed only in 2008 where as Hirachand Metals is many years older , also as per my knowledge Hirachand Metals is no longer functional as they are not in position to give rent cheque from Hirachand Metal`s account , however the nature of business is same
The original tenant is deceased and his son who also happens to be the Director in Global Industries Pvt Ltd is in possession of the shop
Since Global Industries Pvt Ltd is an separate entity and formed by the virtue of share holders , can it be allowed to conduct business in the same premises without consent of Landlord ?
Asked 8 years ago