Agreement
rahul jain
(Querist) 08 September 2011
This query is : Resolved
if there is an agreement that the landlord will not file a suit for eviction of teneat for a specific time...will this agreement will be binding on both parties landlord and tenant or there are grounds on which they may be repudiated.
M/s. Y-not legal services
(Expert) 08 September 2011
No. A landlord can file a suit at anytime for eviction of his tenant. Its his liberty before law.but while the tenant's tenancy period saved by a valid agreement, the suit can't be decreed against the tenant untill he breach the term and conditions which are mentioned in the tenancy agreement.
Advocate. Arunagiri
(Expert) 08 September 2011
I differ.
The clause of the agreement is legally valid. It will bind both the parties.
Advocate Bhartesh goyal
(Expert) 08 September 2011
A valid agreement bind both landlord and tenant, if tenant breaches the terms and conditions of agreement then eviction proceedings can be initiated against tenant.
Advocate Rajkumarlaxman
(Expert) 08 September 2011
It is binding if the clause in the agreement is in such wordings
Sachin Bhatia
(Expert) 08 September 2011
The clause of the agreement bind both the parties.
Raj Kumar Makkad
(Expert) 08 September 2011
If tenancy is for a particular period and no violation therein of any term has been made then there is no scope for landlord to file any petition for eviction of tenant.
ajay sethi
(Expert) 08 September 2011
the terms of agreement are sacrosant . you cannot file for eviction of tenant if their has been no breach of terms and conditions .
prabhakar singh
(Expert) 08 September 2011
Looking upon this query my mind is reminded to the provisions contained in section 28 of the Indian Contract Act.
It reads"[***]Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to the extent.
"
since in the question in hand restraint is not ABSOLUTE ONE and normally tenancies are created typically for PERIODS ,i do not see the agreement barred by this provision.
