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?
And Allah Ta’ala (الله تعالى) knows best.
Mufti Ebrahim Salejee (Isipingo Beach)
This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.