The tenant cannot sell a rented shop

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I would like to know what the scholars and the muftis have to say about this. I had rented a shop in the year 1987 at an amount of Rs.900/- month and paid the owner of the premises an amount of Rs.50, 000 towards advance so that the shop is rented in my name. From that period onwards I have been regularly paying the monthly rent. Now the owner of the premises has, to oust me, filed a case ?

 

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In tenancy, a person does not own the premises, but tries to benefit from the premises. One cannot sell it. If to vacate the premises of the shop, you take either one-lakh money from the landlord or from the third party, (called ???pagadi???) it is, in the light of Shariah, prohibited. But if the tenant has spent extra money to enhance the shop like making of cupboards, shelves, the ceiling, the floor, walls etc, then whatever the reasonable amount spent can be accepted. The landlord of the shop, if his financial and economical condition permits, and if the tenant is duly paying the rent regularly, there is no reason to ask him to vacate unnecessarily. And also the refusal to pay back the advance amount of Rs. 50,000 is unlawful. The tenant, if he does not require the shop, he should vacate it. Of course, the tenant can allot to the third person, the shop (but with the permission of the landlord), on the same amount of rent and advance. Then introduce him to the owner and do the settlement. This way you will get back your amount and the new tenant can enter into a new agreement with owner of the shop.

 

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