• Municipal corporation asking for paper of agreement rented shop

I am a renter of shop owned by Gaya municipal corporation since more than ten years. I have all the rent-receipts since 2005. This shop was rented on agreement between me and gaya municipal corporation and I do not have that agreement paper. (My father handled all these and he is no more)

Now the Corporation is asking for that agreement paper and threatening me to vacate the premises if could not produce the same. plz help!!
Asked 1 year ago in Civil Law from Gaya, Bihar
1) whether any agreement had been entered into with Gaya Muncipal corporation or not? 

2) have you misplaced the agreement?

3) was it registered?

4) if it was regd you can obtain copy from sub regsitrar office 

5) you have the rent receipts proving that you are tenant . forward copies of rent receipt issued from 2005 to prove your tenancy 

6) refuse to vacate . let Corporation file suit for eviction against you 

Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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in whose name the rental agreement was executed by Gaya Municipal corporation, is it your father's name or yours. 
If it is your father name then you should have informed the Municipal corporation about his death and sought for renewal of the agreement into your name.
If the agreement was originally executed in your name, take the rent receipts you have along with the copies of the electricity bill for the shop, go to an advocate at your place, tell him to file an injunction suit against the Municipal corporation. this is your best option.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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A. Was rent agreement duly registered or not?

B. If you don't have rent agreement, Issue a legal notice to the Municipality, later if no prompt reply received from the municipality that you can approach the Court by filing a suit against the Municipality to obtain stay or injunction against the same.

 
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
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1) if agreement has been duly registered obtain copy from sub registrar office 

2) contact a local lawyer and reply to notice received by you 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
lodge a loss of document NCR at the nearest police station, then take the acknowledgement of the same go to the civil court and obtain an injunction against the Corporation, don't forget to enclose the copy of the notice received by you from them in the said suit.
Parallel also file objections to the said notice received by you tomorrow itself asking for some more time to produce the agreement before the Municipal corporation.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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1. File a declaratory suit praying for declaration that you are the tenent of the shop since you are there since last 10 years possessing the rent receipts though you could not lay your hand on the agreement due to the demise of your father who handled the matter,

2. Simultaneously also file an application under order 39 rule 1 & 2 praying for a stay order restraining the municipal autrhority from evicting you till the suit is disposed of.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
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1. The Corporation is also supposed to keep a copy of the agreement,

2. Ask for the copy of the agreement through RTI route,

3. Also act as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
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A. As suggested by earlier reply, you should file a suit against the Corporation by seeking stay order and injunction.

B. Contact a local advocate to resolve this matter expeditiously.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
You should issue a legal notice to the authorities stating that their such act is contrary to the tenancy rights and rules. 
You can state in the notice  that you have been staying there as a tenant for the last 10 years or so and you possess the rental receipts to prove tenancy.  If the authorities donot  listen to your requests, you may approach court with a suit for injuction  restraining the authorities from forcibly evicting you other than by due process of law. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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1. You cannot be evicted at the throw of a hat. If you apprehend that your eviction may take place you may immediately go to court to seek a stay order. 

2. The rent receipts signed by the authorized representative of the corporation are sufficient to show that you did not default in the payment of the rent. 

3. Seek a stay order from the court lest you are thrown out. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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