Shop Rent Deed has been misplaced

This query is : Resolved

KAPIL (Querist)
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27 January 2011 I had given a shop on rent @ 1500/- p.m. from 1992 to tenant in written aggreement but registered with court. Now, My tenant is not giving me rent for the last three years. I had suit upon him. But court is asking me to produce original rent deed, which has already been lost. Now, what i do? My advocate is also asking me to bring original deed.

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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27 January 2011 No solution of this problem.

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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25 July 2025 Losing the original rent deed can be tricky, especially when the court insists on its production. Here are some practical steps you can take:

1. **Search Thoroughly:**
Re-check all possible places where the deed might be—old files, lockers, or with any family member or lawyer.

2. **Certified Copy from the Registrar or Court:**
Since you mentioned the agreement was registered with the court, you can apply for a **certified copy** or **duplicate** of the rent deed from the Registrar’s office or the court where it was registered. This copy holds legal validity similar to the original.

3. **Indemnity Bond:**
Sometimes courts accept an indemnity bond or affidavit explaining the loss of the original document along with an application for a certified copy.

4. **File an Application in Court:**
Your advocate can file an application under **Order 7 Rule 14** of the Civil Procedure Code (CPC), requesting the court to allow production of a copy of the document instead of the original due to loss.

5. **Evidence of Payment and Correspondence:**
Gather any other supporting evidence — rent receipts, bank statements showing rent payments, correspondence with tenant — to prove the existence and terms of the rent agreement.

6. **Legal Advice:**
Follow your advocate's guidance closely as they can represent these facts and file necessary applications before the court.

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**In summary:**
Get a certified copy of the registered rent deed from the Registrar or court. Meanwhile, file a formal application in court explaining the loss and seek permission to produce the certified copy instead of the original.

If you want, I can help draft a sample application for the court or an affidavit regarding the lost deed. Would you like that?

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