• Suit for illegal renewal of license by Municipal Corporation of Delhi

I have given a shop on rent to tenant.

rent agreement expired on 31/3/2018.

Tenant refused to vacate the premises.

MCD used to issue License to tenant to run a Shop on my property on the basis of rent agreement.

I have informed the MCD by written letter that since the rent agreement has expired and the tenant is illegally occupying the premises therefore MCD shall not further renew the license.

but still MCD renewed the License to tenant today valid from 1/4/2018 to 31/3/2019.

can i file the case on MCD ?
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

File an complaint before the municipal corporation regarding the issuance of shop establishment certificate in absence of valid rent agreement. Further under RTI seek document on basis of what the Shop establishment certificate has been granted if you find any forged document file a criminal case of forgery and fraud.

Further issue the tenant a legal notice for eviction.

if tenant refuse to comply with the eviction notice file an eviction suit before the court.

if further Municipal authorities fail to take action you can institute a case against them.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need to first file suit for eviction against the tenant. Tenant might have forged documents verify first how the MCD on which basis they issued licence. If he has submitted forged document file a police complaint against your tenant along with suit for eviction. Any act done bonafide by government authority you cannot initiate action without having sufficient proof as to what basis they renewed licence so you need to get details by filing RTI to MCD.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Issue legal notice to MCD on what basis licence has been renewed when clear intimation was given not to renew licence

2) file writ in HC against MCD to direct MCD to cancel the licence

3) file eviction suit against tenant

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. yes you should file a writ petition against MCD in high court

2. claim relief of declaring the license granted by MCD to the tenant as illegal and for a direction to MCD to not henceforth issue any license to the defaulter tenant

3. claim damages and costs from MCD. Its discretionary. Court may or may not grant that

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Firstly, you should serve a legal notice to MCD asking them as to how they had issued the renewed licence to your tenant and also intimate them that the rent agreement had expired and asking them to revoke the same.

If they fail to reply within 15 days of the receipt of notice, then you approach High Court and file a writ petition under article 226/227 of the Indian Constitution for revocation of your tenant's licence issued illegally by MCD.

You should also serve legal notice to your tenant asking him to vacate the property due to lapse of rent agreement, if he fails to adhere, you should file an eviction petition against him.

For a detailed discussion over this topic, feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

- As per rule , no tenant can continue , if the agreement has been revoked or cancelled by the landlord.

- You should sent a legal notice to the tenant and thereby must narrate that you being landlord of the premises in possession , has already cancelled the Rent agreement and also as it expired , and further being landlord you are not interested to continue with the tenant .Further one copy of the same should be also sent to the MCD.

- Since, the MCD has already renewed the licence without your consent, you should approach the court after sending a copy of the legal notice.

- MCD has renewed the licence in the dark . Hence, by doing the aforesaid , you will get relief from the court.

Mohammed Shahzad
Advocate, Delhi
9895 Answers
121 Consultations

5.0 on 5.0

You should file eviction suit against tenant as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

So now you can proceed with the suit against the tenant.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can file a case against Tenant for eviction not against against MCD

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Did your receive from reply to the legal notice sent by you?

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You can issue a legal notice to MCD seeking its reason for extending or renewing the license on that premises if they have already been notified about the expiration of the rental agreement and it has not been renewed thereafter.

You can initiate legal action thereafter as per provisions of law.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Well, you can file an eviction suit to evict the tenant from his unauthorised possession of the rented premises and implead MCD also as a party to the suit for the relief of cancelling the licence

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Firstly, it seems that MCD has lost their obligation towards a lawful citizen of our city.

Secondly, the letter which you have send can be used as a form of representation to them to decide it as soon as possible either in yes or no to it, which they have not done so far.

Thirdly, I advice you to file a Qeit of Mandamus neofrthe Delhi High Court to ask the MCD to cancel the license.

Fourthly, and for eviction you can file suit for eviction before the district court by using the rent agreement and eviction notice to them.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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