Entering into a lease agreement with false representation
manish
(Querist) 27 July 2012
This query is : Resolved
My father's partnership firm leased out its nursing home to Dr. B's partnership firm in the year 2003. The actual lease was for 7 years.
The lease clearly stated that if there is any change in partnership, then my father (Dr. A) would have every right to cancel or continue with the lease.
After the expiry of the lease in 2010, the occupation by the Dr. B continued while negotiations were still going on. In the meanwhile a lease rent receipt was issued to Dr. B for renewal of nursing home licence in May 2011.
Later when the negotiations failed in December 2011, Dr. A asked Dr. B to vacate his premises. After failing to pursue Dr. B, Dr. A approached Dr. B's partner Dr. C for pursuing him to vacate the premises.
To his utter surprise, Dr. C told Dr. A that he had never been a partner of Dr. B ever in any partnership firm. He gave a letter to this effect in writing to Dr. A.
Moreover, Dr. A then found out that Dr. B had changed his partnership agreement in February 2004 showing first Dr. B retiring for the partnership in a seperate agreement and then entering into a partnership with another person Mr. E.
What is the recourse we can undertake under the Criminal procedure?
prabhakar singh
(Expert) 27 July 2012
Partnership firms are not juristic persons and are not capable to enter into any contracts.However its' partners can.
Unless the lease deed was registered,it was,not valid.Change in constitution of tenant firm by inducting new partner,unless assented by land lord,is deemed as subletting.
A lessee has to get evicted on expiry of a fixed term lease.
Adv. Chandrasekhar
(Expert) 27 July 2012
As the lease period has expired, on this sole ground, after issuing a statutory notice, lessee can be evicted. The other points, changes in partners are supportive grounds for getting the relief.
