Hi,
A friend of mine purchased a residential property last year (Feb 2009) in a village on NH 1 and there was a mobile company tower installed on the roof of the building. The first owner kept my frind in dark on the rent and other details while having the deal. He presented the papers of the agreement of the tower after the deal (token money) was done.
Brief background:
First owner built the building and got the tower installed in June 2008. As per the contract done by the mobile tower company -
- The tower will be there for the next 20 years.
- Rent will be 5,000 pm and there will be 10% increase in rent after every 5 years. - Very low as comapred to others in the close vicinity of that area. Others are getting atleats 20,000 pm.
- The first owner will renew the contract with the mobile company after 2 years i.e. in June 2010 and the owner can not sell the property until 2 years. But the owner sold that building after 8 months i.e. in Feb 2009 to my friend. Now the renewal of the agreement is due in June 2010.
Problems:
The mobile tower company sent the new agreement letter to first owner but he replied that he has sold the building and gave the contact details of my friend. Now my friend is not interested in keeping the mobile tower on his building due to various reasons (health, financial, privacy etc.). He is not interested in renewing the contract of the mobile tower with the comapny.
What options does he have?
- Can he stop the entry of the mobile tower company staff in his premises after June 2010? As the contract will expire (with the first owner done in June 2008) in June 2010 and my friend is not renewing the contract? The first owner can no more renew it.
- Can he file a case on the first owner as he sold the building before 2 years?
- Can he file a case on the mobile tower company itself?
Actually, the first owner got some lumpsum amount (in lacs) while the company installed that tower in June 2008. He knowingly kept the monthly rent low as he already had plans to sell that building. He didn't disclose the rent and other agreement details while doing the deal. I know this was a mistake of my friend that he didn't get the details inspite of pressurising the first owner. My friend doesn't have any proof of the secret deal between first owner and the mobile tower company.
Please help!
