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Landlord locked shop it and denying access even after court order


05-Oct-2023 (In Labour & Service Law)
I have a rented shop in Allahabad, U.P. The rent agreement expired 3 years back and neither I nor the landlord renewed it. For last 3 months, I used to send rent through speed post (just to keep valid proof that I send rent to him), he returned it and asked me to leave the shop to start his new business. Suddenly 1 month back, he locked the shop with all my things inside and asked me to forget the shop without any prior notice and said if you want he can handover my things from the shop but I cannot do the business in his shop. We lodged a case against him and lower court agreed on STAY order which is in process. But he says that this court order will not let us open the shop again!! I want your opinion if the STAY order is passed from the court and he goes to higher court than till the time higher court again gives any decision, I can continue my business with STAY order or it will be closed by court? Any possibility that even after getting STAY order,he can deny to unlock the shop
Answers (4)

Answer #1
923 votes
What is the exact order that you have obtained from the court? No one can deny any order of the court until the same has been ordered otherwise by the appellate Court or any higher court. A better opinion can be given after going through all the concerned papers
Answer #2
557 votes
In the present sitution u are not in possesion of the shop and due to this he can deny it to unlock the shop with regard to any court order it depend upon the kind of stay u get from the court till then only thing is wait
Answer #3
770 votes
Hi, for the purpose of your query we need to see the stay order and the memo of suit filed by you regarding the same, please provide the copy of application and stay order. After going through the judgement I can help you.
Answer #4
729 votes
Dear Sir/Madam

You have not annexed the order of the court. Stay order of what is it stay or as it is not clear please annexed the court order. If it is said that maintains the same position or open the lock not clear from your question. Please annexed the court order then only answer can be give or advice
Thanking you

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