Lock in period of 6months in the registered leave and license agreement
Aftab Shaikh
(Querist) 25 April 2013
This query is : Resolved
Sir, Need your valuable advice. If there is a lock in period of 6months in the registered leave and license agreement and that clause mentions that incase the licensee leaves before 6 months he has to pay the rent of balance months, My question is 1) Can the licensee terminate the agreement within 6 months and refuse to pay the penalty mentioned in the clause? What remedy is available with the Licensor to recover that amount, can he deduct that amount from the deposit?
Devajyoti Barman
(Expert) 25 April 2013
No, licensee can not.
The licensor can forfeit the security amount if any or may file suit for damages out of breach of contract.
Raj Kumar Makkad
(Expert) 25 April 2013
The terms of the license have been agreed to by both parties so if violation by one of those parties is made, the remedy also vests in the same document and if it is absent then the general law shall prevail vide which the licensor shall definitely recover his amount out of security deposit.
prabhakar singh
(Expert) 28 April 2013
The licensee in the case under consideration is bound to pay minimum period rent of 6 months specifically stipulated in the registered agreement and licensor has right to claim and adjust the same from licensee's deposit of security .
