My mother is a partner in a family business where in my uncle + his wife + 2 more aunties are partners of 20% each .[ Total 5 partners ]. My uncle and his wife have entered into a rent agreement with a third party without consent of the other 3 partners in 2011 for 5 years. We have done legal case in the city civil for termination of agreement and filed chamber Summons in sessions court bombay for payable rent which got rejected and thereafter filed an AO in high court Mumbai but unfortunately recently the honorable Judge told us that AO does not stand right here & is not the right application. Withdraw with liberty and Make the right application or else if you still want order I will dismiss the suit Many Lawyer suggested us to file AO in high court and we filed the same . But the high court gave order to file writ petition. We have filed writ petition which is pending in high court. Meanwhile the tenure on the agreement is completed on 7-4-2016. We have sent notice for eviction to the third party but now they say that they have a unregistered MOU signed by our 2 partners which was signed on the day on the agreement in 2011. Neither the balance 3 partners nor the firm is getting the rent from last 3 years . Now he is still continuing without valid agreement. . How can we do a criminal suit and against whom and what should be pliant.
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1) it is necessary to peruse orders passed by HC in your case
2)i do not understand how rit petition is maintainable in your case .
3) it is dispute inter se among partners for which writ would not lie
4) you will have to file suit and obtain injunction restraining 2 partners from entering into fresh agreement for rent of premises without consent of other partners .also seek share of rentals received by 2 partners
5) contact local lawyer
1. AO is maintainable in this case. It is not clear why the HC opined to the contrary. Be that as it may, the pendency of the writ does not preclude you from filing a suit for eviction against the lessee. If you have not claimed the arrears of rent in the suit that has been dismissed by the civil court against which you have now preferred the writ then you are free to file a separate suit for recovery of arrears and also mesne profits.
2. A criminal case is made out only if there is a trespass to the property.
AO is maintenable in your case, you should file special appeal befote the double bench of the high court.
you should file suit for temporary injunction under order 39 of the cpc. and restraining 2 partners from entering into fresh agreement after completion of it, you should also seek appointment of receiver for further arrangement of the property.
Neither the balance 3 partners nor the firm is getting the rent from last 3 years . Now he is still continuing without valid agreement. .
How can we do a criminal suit and against whom and what should be pliant.
Default in rental payment shall be a valid ground for termination of tenancy and the tenants are liable to evicted by due process of law.
You can issue a notice to vacate as well as to pay the arrears of rent immediately, failing which an eviction petition or suit can be filed before the rent control court or the civil court as applicable.
An unregistered MOU is not a valid rental or lease agreement, especially in Maharashtra all such agreements are to be registered.
There may not be a criminal case maintainable hence engage a prudent lawyer in this regard and proceed as per his advise on the matter because you have enemies within your own circle in the name of your uncle and his wife.
