Dear Advocates That we have rented the front side Room of the Ground Floor of our house to Licensee, for running his shop of Photo Studio. That, when the notice of business license (Municipality license) being cancelled was posted at the (Photo Studio) Shop. Licensee had approached us and requested us to give him time extension to run his business for 1 more year and asked us to make TWO - 11 months license agreement FY 2017-18 to avoid seal (closure of business operations) on his shop by Municipality and through the sympathy we agreed to his request along with the assurance of giving back the possession by May 2018 by signing required documents with strict terms and conditions in agreement. That we had made 11 months license agreement FY2017-18 basis on the assurance from Licensee with his acceptance that he will sign on the 1. POSSESSION RECEIPT (to handover the licensee rights to licensor after expiry of the agreement or sooner determination of agreement termination) 2. 11 months 2nd license agreement with occupation charges of (4,400) which licensee used to obtain business license from Municipality, which favored him to pay less tax/charges to Municipality, which would had been higher, if licensee had submitted agreement of 10,000 occupation charges per month. 3. Along with the agreed occupation charges (10,000 per month) of 11 months license agreement which licensee did not signed, cheated us and denied after his work was done of obtaining Municipality business license with 11 months license agreement of 4,400 amount. Now licensee has obtained the business license FY2017-18 by submitting agreement copy and has retained the original agreement with him and is not ready to give us back along with Xerox copy of the same, and states that he has submitted original agreement with DMC, which is false and misleading statement by him, I’ve got the information from municipality that they only received Xerox copy of the agreement and not the original one, neither licensee has paid us the agreed occupation charges from July to August 2017 of 10,000 p.m nor 4,400 p.m as per signed agreement. I had to obtain Xerox copy of 11 months license agreement of (4,400) from Municipality, further in which I noticed that Licensee has manipulated terms and conditions of page 3 and 4 of 11 months license agreement of occupation charges of 4,400 p.m and replaced those said pages with terms and conditions favoring his rights and interest. Hence it is a clear case of CHEATING AND FRAUD with the owners of the premises as well as with Municipality Hence we request expert opinion of advocates on what need to be done in this case Awaiting a positive from expert advocates at the earliest under the circumstances and would like to request your assistance in the interest of Justice and to prevent any breach of peace.
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1) second agreement had not been signed by licencee
2) only first agreement signed by licencee
3) you can only recover Rs 4400 a month as per terms of agreement
4) if licencee has failed to make payment you can terminate the agreement
5) issue notice to licencee ti terminate agreement
6) if licencee fails to deliver possession you can file suit for eviction against licencee
7) also file case of cheating , fabrication of documents against licencee
Hello,
file a police complaint against him for cheating and forgery.
Also, on this ground alone file an eviction suit against him in the civil court.
Write to the municipality to take action against the licensee for providing forged documents.
Regards
Before filing an eviction suit sens him a legal notice to end the agreement and vacate the premises.
Also, take note of the fact that only such agreement can be enforced which has been signed by the other party.
Regards
Dear Client,
Since, the agreement has executed in good faith, but endorsed by ur signature and appraoval, it cannot be question,.
First of file , complain with the MC, that shop holder, has cheated them by submitting false information for evasion of tax. ur case will get support from previous agreement that was of 10,000rs. and any prudent man will not reduce the rent for successive agreement.
You can immediately send a legal notice to him to vacate the premises since he is an unauthorised occupant in the premises owing to his failure to pay the rental amount.
You can endorse a copy of the legal notice to the Municipal commissioner with a request to cancel his licence as he has forged your signature in the fabricated licence agreement.
Followed by you can file an eviction suit against him on the same basis.
Based on my above mentioned concerns, i'll like to add few more points for your information and actions taken 11 month license agreeent was not notarized neither court registered and it was made on 20 RS stamp paper at which is a union teritory location, in which licensee manipulated terms and conditions with favouring his rights & changed pages 3 and 4 (where ownders signatures were not there) and kept pages 1 and 5 as it is (where our signatures are there along with licensee) and ORIGINAL was retained by licensee and he did'nt returned back stating to all that it should be with the owners, which is a pure lie. 1. I have made an application of complaint to local municipality to cancel licensee's photo shop's business license under cheating and fraud with owners as well as with municipiality 2. I have also made an application for house renovation to municipality in order to get notice for house renovation (would this help me in getting licensee out of my premises, If yes, How do i do this without getting into legal cases, which favors more to licensee than licensors) Also i want to know on below points 1. Once licensee's business licence is cancelled by municipality, can licensee gets any court stay order against it to keep his business running?, If Yes, Then what are my options to quickly remove him out? 2. Once Municipality issues us the notice for house repair, can licensee gets any court stay order against it to keep his business running?, If Yes, Then what are my options to quickly remove him out?
1) licencee can file suit and seek stay
2) you can oppose grant of stay draw attention of court to fraud played by licencee
3) you have to make out a case for denial of any reliefs to licencee
1. You should not be worried about his license whether to be in force or to be cancelled.
You should concentrate on your own issue of vacating him.
You can file an eviction suit against him
2. If you get permission to get the building renovated then you can very well evict him through a court order for the said purpose or any valid reason by which you can get an order from the court of law.
1. Cancel the license agreement and file an eviction suit to quickly throw him out of the property.
If you get the notice of House repair then it is highly improbable that any court will pass any stay order.
Regards
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