Q: People involved in the case – The Landlord, Tenant 1 and Tenant 2.
In 1996, a shop was transferred to tenant 2 from tenant 1 with the approval of the Landlord. The Landlord didn’t have any problem as he was concerned for his monthly rent. The tenant 2 as per the business deal, and as per the local business custom, gave Tenant 1 an amount of Rs 40000, again with the approval of the Landlord, to vacate the space of the shop. Now, after 19 years the Landlord demanded a sum of 3 lac from tenant 2 or made the offer to vacate the shop and leave it. The landlord wishes to give the shop to someone else from where he can get 3 lac or so and then also the monthly rent.
1. Is it legitimate for the Tenant 2 to vacate the shop considering the sudden demands of the landlords?
2. How proper is the demand of 3 lac or any some of money by the landlord in between?
3. Even if the shop is vacated how much money should tenant 2 demand, considering he was demanded a sum of Rs 40000 in 1996 that he gave?
4. Who should give that demanded sum of money to the tenant 2 – landlord or the tenant 3?
A: The landlord has got the right to ask him to relocate provided there was no lease agreement in place, but he does not have the right to demand 3 lac.
And Allah Ta'ala (الله تعالى) knows best.
Answered by: