Eviction procedure for property
Hiren
(Querist) 25 September 2012
This query is : Resolved
I have given warehouse on rent which consist of 11 co owners. Rent agreement is registered.
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Following are 3 important terms of agreement
1) That the licensee agrees and assure to pay rent to the licensor towards monthly license fees in advance at start of every month.
2)That in case, the licensee fails to pay the leave and license agreement rent of the premises for a continuous period of two calendar months after the same becomes due(whether legally demanded or not) or otherwise commits any breach of the terms and condition stipulated hereunder or is adjudicated insolvent, it will be lawful on part of licensor to determine the leave and license agreement hereunder granted and recover the possession of the demised premises as also to adjust the arrears of rent against security deposit and/or to proceed against licensee for the recovery of the rent in arrears. The licensee shall thereupon deliver quiet and peaceful possession of the demised premises to the licensor
3) That all disputes arising out of or relating to this agreement shall be decided by an arbitrator appointed by licensee. the proceedings shall be governed by abritration and conciliation act 1996 and rules made thereunder or any enactment or statutory modification thereof in force for the time being. the decision of the arbitrator shall be final and binding on both parties.
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Licensee had paid the rent for month of july 2012, since then they have not paid rent. when demanded they are saying we will pay it soon and are saying that company is facing fund problem. Now i want them to vacant the property. . Licensee has never paid rent in advance. Agreement was entered into from April 2012.Today it is 24 september What course of action can i take?
Devajyoti Barman
(Expert) 26 September 2012
Since arbitration clause is there , refer the dispute to arbitrator and ask for eviction of licensee.
prabhakar singh
(Expert) 29 September 2012
"3) That all disputes arising out of or relating to this agreement shall be decided by an arbitrator appointed by licensee."
Then serve a notice upon licensee mentioning all disputes that have arisen asking him to appoint the arbitrator within 30 days failing which you as owner shall file suit of eviction in court of law.
