Dear Sir,
The appropriate advice may be given to you after going through tenancy documents i.e. rent/lease deed as to whether that partnership is permitted or not. However, you may file caveat to protect your and company's interests.
Filing of caveat by tenant
I am a tenant of a property. I run a private limited company there and the tenancy is under the company’s name. I have made a partnership with another proprietor company and have informed the landlord about the partnership and mention that all dealings with the landlord will be done by the already existing Pvt company with the landlord. The landlord is threatening me that I cannot do it like this and he will put an injunction on the property. 2. Shall I file a caevet? On what basis and how much it will cost ? 3. How can I safeguard my interest and my company’s interest here ?
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
The tenant is private limited company
2) there is no change in tenancy
3) landlord would not get any stay order
4) no need to file caveat as court does not grant any stay order unless you are served with suit proceedings
5)infirm the landlord that in view of his objections you would not be carrying on other business with proprietary concern
Yes you can file a caveat petition before the jurisdictional court.
The court fee and lawyer fee can be enquired from the lawyer you may engage.
By filing caveat petition you can prevent landlord from getting an exparte injunction order against you.
Caveat is required when any order is likely to be passed only on the petition by opposite. In a case between landlord and tenant no such ex party order can be passed, that is when the landlord approaches the court first the tenant will notice from court and court will hear the case of tenant and them only decide on passing of any order. Hence no need to file caveat.
1. If you have already informed , then it depend upon the landlord to accept or reject your proposal, and you cannot continue in the tenanted premises without taking consent of the landlord , otherwise he can file an eviction petition against you on this ground.
2. Yes, you can file a caveat petition for knowing the cases filed by the landlord in advance before getting summon of the court.
- Cost is not fixed , and it depend upon the lawyer to whom you engaged for the said purpose ,
3. If there is a clause for the same in the lease deed , then both the parties are bond for the same.
Dear sir,
You can file a caveat petition. The costs will depend upon the lawyer whom you will hire.
If you file a caveat petition, the landlord won't be able to get an ex parte injunction order from court. Thank you
.
1. You can file the Caveat at the appropriate Courts against availing orders against you in connection with the said property without informing you.
2. Examine the tenancy agreement your Pvt. ltd. Company has entered in to with the Landlord and contest the case if filed against you by the Landlord fittingly.
Hi, Without the consent of the landlord you can't enter into any type of agreement with the third parties. Suppose, if there is any chance to file a suit against you then you can file a caveat against your landlord.
