Lessee whereabouts unaware
sridhar pasumarthy
(Querist) 21 March 2012
This query is : Resolved
Respected Experts,
My client leased a shop orally to his lessee about ten years ago. Rent was enhanced from time to time and now it is Rs.5,000/- p.m. Lessee used to pay rents promptly. But, for the last three months, his where abouts were not known. He left the town overnight due to pressure from his creditors, without handing over the shop to my client. To my client's expectation, there are one table, one chair and two bags of rice etc. in the shop and nothing more than that. My client has been suffering loss of rent for the last few months. In spite of his best efforts, he could not trace him.
My client is not getting any rent and he is unable to enter into fresh lease. Local police is not co-operating to get the problem solved.
What is the remedy for the Lessor? pls suggest.
SAINATH DEVALLA
(Expert) 21 March 2012
Dear Mr.Sridhar,
Now that the where abouts of the lessee are not known,the lessor can directly give a complaint to the police stating the facts,and the creditors will also assist him at this stage.Have the creditors not lodged a police complaint,about his disappearance?As per my knowledge the lease agreement will automatically stand cancelled.
Ghanshyam Prasad
(Expert) 21 March 2012
File eviction suit and get exparte decree.
Adv.R.P.Chugh
(Expert) 21 March 2012
Since there was no specific tenancy period - the tenancy is at will. Terminate the lease by giving 106 TPA Notice. After 15 days file a suit for recovery of possession, would go ex parte if tenant does not come (which in all probability he won't)
ESTHERPRIYA
(Expert) 22 March 2012
File Police Complaint and break open the shop with the help of police and tenant's persons.
