Legal Question in Landlord & Tenant Law in India

I am a shop keeper and had taken a shop on rent in April,2001 at Rs.1000/- per month fixed rent per month. Then in 2006 took another shop of my previous owner's brother which is just opposite the first shop @Rs.2000/- fixed rent per month.Rent deed for both the shops had been executed.From the very beginning I had been making rent payment to both the owners and getting receipts on a personal diary maintained by me as record of both the landlords (first half for the first owner and second half to the second.During August,2013 I made payment of Rs.1000 as rent for July,2013 to owner No. 1 and presented the diary for signatures. To my surprise, after taking the diary for signatures; he blamed that signatures on receipt for June,2013 payment was not his and alleged that I myself have forged his signatures I was astonished to see that the signatures were not matching with his signatures. He then took the diary with him saying that he will check it. I did not protest in good-faith.When the other day I went to his shop for taking the diary back, he behaved rudely and said "dukaan se bahar ho ja". I felt insulted and came back and asked the neighbour to help in getting the diary back but he convinced them that I am cheat and have made a few other receipts with forged signatures. I then made a complaiant in this regard to the distt. SSP in writing and my application marked to city SHO for enquiry.In the meantime I alongwith my friend went to his house to settle the matter mutually for which he agreed and assured to issue receipt for the rent paid for July,2013 which he never did till today. For my diary of rent receipts, he told that he had torn out it. I offered rent for August,2013 and requested to issue receipt for two months i.e. July and August,2013 which he didnot accepted by sayaing that he will himeself come to me for taking the rent. He also instructed his brother (my landlord of the 2nd shop) not to take rent from me. I then with the suggestion of a well wisher, sent cheques of( Rs.1000/-towards rent of July2013 to the 1st and Rs.4000/- for rent of June,2013and july,2013 to the 2nd landlord by registered post and requested in the forwqarding letter to siiue rent receipts accordingly. Regd.letter addressed to the 1st. landlord containing check for Rs. 1000/- has been delivered to his by the postal deptt. but on seeing the check he forbid the 2nd landlord (his brother)not to take the letter which ultimately returned.

In the said circumstances Please advise and what step my landlords (both brothers) could take.

Thanks and with regards in distress.

Asked on 9/20/13, 10:40 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

The landlord-tenant arrangement has been abolished since 1985 and it has been replaced by the Licensor-Licensee Agreement for Leave and License (ALL) of duration ranging from 11 months to maximum 3 years all over India. Renewals of ALL usually take place on mutually agreed revision in compensation terms between the Licensor and the Licensee. Instead of being too finicky about the receipts, you should convince the Licensors and get them to agree to you depositing your monthly compensation cheque in the respective Licensor's Bank A/c, which pay-in-slips serve as a valid proof as a receipt. If you stretch them too much, they may ask you to leave the place and you will have to fetch yourself an alternative.


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Answered on 9/20/13, 11:01 am

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