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Author Topic: NOT COMPLYING AGREEMENT- WANT TO CANCEL AGRMT SIGNED 2 DAYS BEFORE- THREATENING  (Read 353 times)

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Offline krishvignu

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I rented my shop to a party, He initially paid advance of 10k and while signing agreement he gave 2 lakhs as security deposit. He has not moved in nor kept his item in shop. After 2 days he told he is not interested since his family is objecting him to do business. He asked me to cancel agreement and asked me to refund it immediately. When i mentioned him that as per agreement you need to wait till other party takes up possesion or should give 3 months notice which ever is earlier. He started to abuse me and says he has not entered the shop and he has not kept any of his items, and after he starts up business the agreement will be valid.
Key points: 
Not given written notice
Not returned the keys.
Threatening with gundas
Just gave 24hrs time to refund without deducting anything for rent and 3 months penalty.
Asking me to give with 10% interest for 3 days.
Kindly advice what is right and wrong and is there any mistake on myside. Or is the agreement is not valid?
Pls advice me what should i do now.

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Apparently I am advising you without seeing the contents of the agreements. Once agreement is being executed properly by the both parties to the agreement, then both are bound by the terms and conditions. It would be more better, if I could have seen your agreement. You can lodge general diary before the local police station and CC to SP or CP.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Hi
Legally you are entitled to receive whatsoever amount that is stated as notice period.
he need not take possession of the property. mere signing of lease agreement and paying security deposit is good enough.
Your agreement is valid. issue legal notices to the other side right away.
also be prepared to file an eviction suit in the court.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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You need to file an eviction suit.  What ground you will give for eviction? There is no ground. So it is better to lodge complaint before local police station for harassment by the tenant. Further ask the tenant to send you a written letter for surrender of tenanted portion.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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