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termination of lease agg.

(Querist) 13 April 2010 This query is : Resolved 
We have given some land on lease to a Pvt. Lim.company. Now the company has changed its name and also the directors.
There was clause in agg. that the lesse shall not transfer or sublease the land without written consent of lessor and we were not even initmated in this case
Can we terminate the lease of land.??
What action we can take against both old and new company/directors.??


Raj Kumar Makkad (Expert) 13 April 2010
You should serve a notice to the lessee and should intimate him about termination of the agreement and demand vacant possession of the leased property within a stipulated time and on failure should contact to the civil court after engaging local lawyer.
H. S. Thukral (Expert) 13 April 2010
You can terminate the lease for contravention of terms. Give notice as provided in the agreement of termination. File suit for possession/damages etc if peaceful possession is not handed over to you. Notice should be as per TPAct.
bhagwat patil (Expert) 13 April 2010
It is breach of contract you have every legal right. seems that all actions took place without landlord concent. the new company is not ur tanent. dont treat it as tresspasser also, but a entity trying to harm your peaceful possession.If u go through the MOA AOA of old pvt ltd co. u will find there were no clouse for subleasing.it will make your part mora stronger.
BHANU RASPUTRA (Expert) 15 April 2010
whether lease is registered? if not then they are tresspaser. and as told by advocate friens can do procedure.


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