Renting out a shop on condition that it be vacated whenever wished

Question

Question: The following case is under consideration in our biradari (a kinship or caste community), in which the opinion of the plaintiff and the defendant is as follows. Shamsuddin rented his shop to Muhammad Yasin and made the condition: when I myself need it, the shop will have to be vacated. Muhammad Yasin accepted this condition.

Answer

Shamsuddin rented the shop to Muhammad Yasin and made the condition: when I myself need it, the shop will have to be vacated. Muhammad Yasin accepted this condition. After that Shamsuddin demanded it, and Muhammad Yasin refused and put it off, and after some time vacated it on condition that on its being rebuilt anew I am to be given one shop, or some other shop is to be…

Source: Fatawa Mahmudiyya

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