• Shops on disputed land ownership

I have a garment showroom in bangalore.I have all legal documents(rental agreement,trade license,tin number).Recently i have known that a person 'x' has filed a case against my owner saying that the land belongs to 'x'. How can this affect my shop as i have spent a lot in the interiors. What if any notice is issued to empty the shop. Will I get any compensation from the owner?
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) case would take atleast 5 years to be disposed of 

2) don't renew your agreement 

3) you won't get compensation from owner in case you have to vacate the premises 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
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If the court declares X to be the title holder of the land he may file a lawsuit for your eviction and also to claim recovery of rent from the date of agreement till the filing of the lawsuit. If a notice for eviction is issued then respond thereto through your lawyer. No compensation, unless agreed in the lease deed, can be claimed. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Hi, hopefully the rental agreement is registered. If not get it registered. As far as the land dispute is concerned assuming the claimant x has valid title he cannot vacate you till the tenancy is over. Also you need to pay the new owner your agreedrentals only. Also in the event of vacation in scenarios of land dispute your current owner should reimburse you 100% of your interior cost as his title to property is a mistake of his. So relax, continue your business, but keep paying rents and other dues as stipulated in rental agreement. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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Hello,
1) As you are possession legally as a tenant you have the protection that a tenant must get. If there's stipulation in the Rent agreement regarding notice period either party can serve notice and the in this manner the owner can succeed in getting you vacated.

2) However as you have invested money into improving the premise to suit the purpose for which it was rented in good faith that you would be able to carry on business for a reasonable length of time, you can seek to be compensated by the owner fit the losses you would have to incur if you have to vacate. Send a legal notice to this effect.

3) You can also negotiate with the new owner in the meantime to see if you can continue to run business in the premise under a new agreement if the litigation is in his favour
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
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A mere legal notice will not stop the shops from continuing, only a specific order passed by the court can restrain the business/
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1)you need court orders to direct tenants vacate the shops or restrain them  from carrying on business . 


2) mere legal notice wont serve the purpose 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
I have a garment showroom in bangalore.I have all legal documents(rental agreement,trade license,tin number).Recently i have known that a person 'x' has filed a case against my owner saying that the land belongs to 'x'. How can this affect my shop as i have spent a lot in the interiors. What if any notice is issued to empty the shop. Will I get any compensation from the owner?
The evidences in your possession are sufficient to prove that you are a tenant in the shop and they cannot force you to vacate without applying due process of law. 
If they file an eviction suit, you may challenge the same on the basis of your investment as well as the agreement in force 
T Kalaiselvan
Advocate, Vellore
14148 Answers
127 Consultations
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Is there any provision that 'x' can send a legal notice to stop the functioning/vacating of shops before the final judgement of the case occurs?
If he is sending a legal notice to vacate you give a strong reply notice stating that the matter is pending before the court hence any relief to be sought shall be after the court judgment only. 
Generally he may not be able to send a notice to the subjudice matter. 
T Kalaiselvan
Advocate, Vellore
14148 Answers
127 Consultations
5.0 on 5.0

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