Landlord is forcibly vacating premises by creating hurdles in accessing that property. In the year of 2019 the landlord created a lease for next thirty years. I constructed three shops, and rent has been paid to the landlord after deducting eighty percent rent in cost of construction. Total rent for the shops is sixty-five thousand monthly. After three years the son of landlord started problems and mounting pressure to vacate the shops. When I refused to vacate because the lease has been created for thirty years. But he along with some local goons preventing access to the shops and also annoying my customers. Now he is erecting a wall in front of shops to completely deny the access. He is just started the work. I have discussed the issue with the landlord, but he shows helplessness in front of his son.
Asked from: Bihar
There is no dispute that the landlord has let out the land, and the lease is valid until 2039. The lessee has erected three shops on the land and has been paying rent to the landlord after deducting the construction cost. Your legal status as a lessee has never been denied by the landlord. As a lessee, you have certain rights, including the right to enjoy the property until the determination of the lease.
In the present circumstances, you should file a civil suit for an injunction to restrain the landlord from constructing a wall in front of the shops. The landlord cannot take any action that renders the lease unfit for the purpose for which it was granted.
In the said civil suit, you should also file an application for interim relief under Order XXXIX Rule 1 of the Code of Civil Procedure, seeking an interim injunction. You should request the court to restrain the defendant from constructing a wall in front of the shops.
It is a settled principle of law that when a structure is leased, the land upon which the structure is built is considered an integral part of the lease. Hence, the land on which the shops have been constructed is also a component of the lease. Therefore, you have the right to restrain the defendant, i.e., the lessor, from taking any action that is detrimental to the lease. Landlord is forcibly vacating premises in violation of law.
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