Legal Question in Real Estate Law in India

Hello.

I had a very old dilapidated building in one of the main commercial areas of Chennai.

I had occupied a part of the first floor and I had let out the other parts of first floor and ground floor for Rent.

There were 5 tenants on the first floor and 2 on the ground floor.

All were very friendly and they were paying the rent on time and they knew the bad condition of the building and they also knew that I am wanting to demolish and re-construct the building .

All agreed to Vacate the building except one in the ground floor.

He filed an Interim Injunction against me .

since it is very difficult to find another similar shop in the ground floor of that area the other tenant of the ground floor also denied to Vacate .

Even I had vacated the building seeing the worse condition of the building because it may fall down anytime.

Now since the two ground floor tenants were the only one left in the whole building they forced me to give back the shops to them itself after re-constructing the building.

They made me forcefully enter a MOU with lot of pressure from Some local gundas and Influential politicians.

Both the ground floor tenants have 2 or more shops in the same street and they are not left without a place if I don't give them a shop.

Whereas I am left without a shop for myself in my own building.

and even if I try to make a shop for myself it will be a very very tiny one if I give them their required shops .

Also they have made me sign the MOU with 20% of the current market price of the shop.

And one tenant has already paid an advance for his shop as per the MOU and the other tenant has not paid anything yet.

I can try my best and give only one tenant a shop in the ground floor and build a shop for myself in the ground floor.

Please advice what should I do?

I do not want to give the shop at a very very unfair price to me.

Also let me know how to go about handling the other tenant?


Asked on 4/29/14, 4:33 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

File a complain in the nearest police station that your tennant has made you sign a MOU under undue influence and coercion. then file a suit for eviction against the both of them. You may drop in a detailed query at [email protected]

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Answered on 4/29/14, 5:13 am
Fca Prashant Chavan Expert Edge LLP

29.04.2014

Dear Sir / Madam,

If you are in business, do it with your mind and not with your heart. Your tenants will sit on your head if at all you show then your leniency. As the saying goes, "If you give them your finger, they will take away your hand". Be stern and forthright with the tenants and ask them to immediately vacate the building and get it redeveloped at the earliest. If the tenants are threatening you with thugs and anti social elements, straightaway lodge an FIR against both of them in the local Police Station. Please re-post query if there is no Police action within 7 days of your lodging the Police complaint.

Regards,

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Answered on 4/29/14, 9:33 am


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