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How to obtain a stay order on my shop which is on rent
30-Mar-2023 (In Landlord/Tenant Law)
Hi, I am having one shop. Which I gave on rent for liquor bar. I want that shop back. I did agreement on 1-Apr-2015. But In that agreement, I didn't mention the period of agreement. Now liquer owner are not giving me the rent properly. So I want suggession for putting stay order on that shop. So that, We have proper aggreement. So I want to know, Can I put stay order on that place and If yes, then what will be the procedure fo stay order? Please reply me back as early as possible. Thanks.
Hi,
1. Firstly please specify whether its a rent agreement or it is a leave and license agreement
2. Whether in the agreement there is any clause for termination of agreement on the ground of non-payment of rent/license fee. If yes, then by giving notice you can terminate the agreement and after termination you have to file suit for seeking possession.
3. You cannot get stay restraining the tenant/licensee from using the premises
1. Firstly please specify whether its a rent agreement or it is a leave and license agreement
2. Whether in the agreement there is any clause for termination of agreement on the ground of non-payment of rent/license fee. If yes, then by giving notice you can terminate the agreement and after termination you have to file suit for seeking possession.
3. You cannot get stay restraining the tenant/licensee from using the premises
Helpful?
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Adv. K. T. Jain
Mumbai | 25+ Answers
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How can I cancel my stay order in India?
A stay order can be revoked by filing a cancellation petition along with proof of the reasons for the cancellation.
How long does it take to remove stay order?
The stay order can be revoked in one hearing if it is based on false allegations. I only practice in Karnataka High Court. It is now on vacation throughout the month of May. A. The stay order is only for a short-term relief and not longer than six months.
How do I cancel my stay on property?
You should send the other party in dispute a legal notification before filing the case. Youll have to choose the right court depending on the location and value of the land that is in dispute. To understand the best procedure for your case, it is recommended that you hire an attorney.
Can stay order be vacated?
If the High Court does not agree to lift the stay, then an appeal can be filed to the Supreme Court to have the stay lifted. In the meantime, you must obey the order in full.
Hiii
Generally rent agreement only for 11month.....if u want your shop vacate then very instance u should send him notice for vacate the shop inspite u complaint to police station thereafter u can file a case for possesion and onjenction.
Generally rent agreement only for 11month.....if u want your shop vacate then very instance u should send him notice for vacate the shop inspite u complaint to police station thereafter u can file a case for possesion and onjenction.
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Adv. Sushama Mohan
Nagpur | 100+ Answers
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Hi,
You need to first terminate the Agreement by written notice and ask the liquor owner to vacate the premises within the stipulated time. If he doesnt vacate within the said period, you need to file eviction proceedings against your tenant to remove him from the premises. I dont think any stay can be granted in your favour, however, he may obtain a stay order against you that not to forcefully dispossess him. I suggest you file an urgent eviction suit before he gets alert about his rights.
You need to first terminate the Agreement by written notice and ask the liquor owner to vacate the premises within the stipulated time. If he doesnt vacate within the said period, you need to file eviction proceedings against your tenant to remove him from the premises. I dont think any stay can be granted in your favour, however, he may obtain a stay order against you that not to forcefully dispossess him. I suggest you file an urgent eviction suit before he gets alert about his rights.
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Adv. Rushil Aiya
Mumbai | 100+ Answers
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