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Eviction of tenancy of liquor shop & having Xerox copy of agreement
20-Feb-2023 (In Landlord/Tenant Law)
I am having one shop which I gave on rent to liquor shop. I did agreement on 100 rs stamp paper. But I didn't do notary of that agreement and now I am having only xerox of that agreement. Original copy is with tenant. that document and xerox contain my and tenant signature. Also that agreement contain period of agreement. Now I want that shop back. So can I use that xerox copy as a evidence for asking them to leave my shop?
Hi. I presume that the agreement entered by you with liquor shop person is a leave and license agreement. It is always prudent to get leave and license agreement registered with Sub Registrar so that there is a record and to prevent the tenant from setting up any adverse claim against your ownership. I need to check the agreement. If it contains a termination clause prior to expiry of license period, then you can issue a termination notice to the licensee to vacate the shop and handover possession to you within the notice period. If he defaults then you will have to file an eviction suit in specialised court which deals with landlord tenant disputes exclusively. So first issue a termination notice and see what the tenant responds. Even if you are having only a photo copy of the agreement, your title to the shop doesn't get affected unless the tenant sets up an adverse claim against you. If at all the tenant is claiming ownership right over the shop, then you will have to file an eviction suit I'm a civil court or high court depending on the market value of the shop. Simultaneous to such civil suit you can also file a police complaint against tenant for criminal trespass.
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