• About muncipal shops

Sir,
We are living in a muncipal shop around 19 years now and my father is prompt in giving rent... now they want to do the auctions of the shops as per the rule of supreme court stating that every 12 years must do the government building auctions but the problem is the AUCTIONS. Two years back in my town auctions happened of 22 small shops who sell paan beeda, eggs, chappals etc... and they bought their own shops for around forty thousand to ninty thousand rupees... and they are not paying any rent because they already filed case on the court before auctions and it still running... in our case if we bought our own shop in auction it's definitely going to be at higher price and rent percentage gonna be 200 to 300 % hike what should we do?? If we buy our shop back can we put court case stating that we cant pay that much rent its inhuman.. and our shop is in top floor... we are doing business from 19 years and their is no respect for all that... kindly give suggestion what should we do...
Asked 4 years ago in Civil Law

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27 Answers

Hi, It is advisable to file a civil suit for permanent injuction

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Please note the municipal corporation will serve you notice before asking you to vacate your premises and proceeding will be held before your corporation commissioner. In case they try to obtain your shop forcefully you need to fIle a suit for injunction restraining corporation from proceedings further and also for not to interfere in your possession.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The property with you can be treated in adverse possession of your father if there was no increase in rent or no agreement effect there to.

You shall not leave the possession of the property on receipt of notice of eviction challenge same before court and pray for interim stay.

if there are any forceful steps taken register a complaint and directly file a writ before high court for restraining them.

Keep paying the same rent you are paying from last 19 years its a valid adverse possession.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should participate in auction

2) if you are highest bidder you would be allotted the shop

3) if you agree to terms and conditions of auction you cannot challenge rent payable by you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear friend,

I have every sympathy for you and your business but law never have such sympathy. Find out one smart idea thinking that you are the leader for all those people who are facing similar situation. Think in broader way. Form an association/union of such people who are also being victimized and facing troubles. Approach High Court and Ministers. Now it is best time because of forthcoming elections. They will come your aid. Never be along go and meet with at least 10-15 people and certainly you will get some solution.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Did the rent change for all these years 19 years.???

You can challange the rent.

but if it's through auction than any highest bidder can get it.

The problem can be solved only if you claim adverse possesion and you keep paying same rent or just the few percentage rent as court grants it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

if you participate in auction, are the highest bidder agree to pay rentals you would not succeed in case you challenge rentals to be charged

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You cannot claim adverse possession

You are a tenant of the shop

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You need to make requisition to corporation to reduce rent if the rent is high and unreasonable you can approach high court filing writ petition along with other aggrieved shop owners seeking direction to corporation to reduce rent .

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Adverse possession is possesion of property and acquisition of title by adverse possession is that such possessions is by denial of ownership rights.

So in your case when you are granted statutory under law and the rent is revised it is.permissive so you won't be benifited by this doctrine bit yes the rent and auction can be challanged.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can file a case and try to convince the court on humanitarian grounds.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

First approach the Court if possible to stay the auction. If it is put to auction, it is impossible to get it as there are so many people just for prestige sake buy and then sub-let. Actually you have no remedy, mercy is only the solution, plead for mercy and approach the local leaders. Once resolution is passed it is very difficult to turn back and help you. Think twice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir kindly take order to stay auction from court the municipal authority won't answer such claims raise the issue before the court. If it on 21 kindly file writ before high court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can agitate this matter before high court. Approach a local advocate and send legal notice stating that there are discrepancies in the auction conducted if there is no reply you will be forced to file PIL in high court of karnataka.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

You are simply wasting your time and the time of legal experts and I think you never met any local advocate who are more acquainted to local problems. By this time you could have got injunction order because of discretion being used by municipality in respect of ground floor shops and first floor shops. Just go to any Senior Civil practicing advocate and ask him to file a suit and you will definitely get injunction against proposed public option on 21.03.2018.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) the judgment of SC is with prospective effect

2) it would not affect agreements renewed by municipal corporation prior to said judgment

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

you must participate in auction proceedings

2) if price is beyond your budget dont increase your bid

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You should attend auction if you donot get a stay from the court on auction otherwise third party interest can be created.

You should make an application before court asap on taking up your matter as urgency, as auction is there then your purpose can.be served and pray for interim order to restrain the auction.

In case bid goes up you refrain making it and as once you agree for auction than you have to pay that amount .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

search for another shop in the vicinity

2) if your able to afford increase rentals then you must bid

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Take it as granted you cannot bid in the auction because so many rich persons bid for higher amounts. Think positively and if you cannot get any Court order in your favour then try to approach Higher Court, in the meanwhile try to get another alternative shop to run your business.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can file RTI first and then approach HC under writ petition to question this illegallities.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

If it is an order by supreme court then the municipal authorities will certainly follow the procedures or guidelines based on the said orders.

You cannot agitate this action but you cn file an injunction suit like others and await court orders like them

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You cannot pay the same old rent what you have been paying for all these 19 years.

If you refuse to pay the rent fixed by government then you may lose the shop and you my have to vacate the premises.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

What is adverse possession?? Yeah rent changed in 19 years that is 10% raise every four years

There is no question of adverse possession for rented premises.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can file a petition before the Municipal commissioner asking for the reasons that why there is a partiality between few shops

You can even file an application seeking information about this through RTI act.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If you get an injunction order staying the auction proceedings then there is no question of fixing the rent on the same day or even auctioning the property.

If the rent is hiked to a greater extent you can give a representation on this.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Then next what we should do?? If we don't raise the bid

If you dont participate in the auction bid, then you may stand losing the same and may have to vacate the premises.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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