Regarding the lease
Adv M.D.Azhar
(Querist) 03 June 2012
This query is : Resolved
sir, if A has given the land to B for the factory purpose a certain land for 25 years and so that they made an agreement between them and they also defined the condition in the agreement that if any dispute arise in the future so they have to move to the arbitrator and they also defined in the agreement that after the termination of the term of lease they can renew such agreement.
After 25 years A had given the prior notice to B before the 6 months that we do not want to give the land for lease again and as soon as the period of lease expires you should vacate such property, Therefore B replied that we can't vacate such property and hence the suit filed by the A for eviction of such property. Now question arises that weather the A can give the notice before 6 month to the B(Tenant)to vacate such property on the other hand B replied that they should continue as a Tenant, he want such kind of relief. B also raise a point that the notice which has been give to him is premature and the civil court has no jurisdiction to try such matter bcs arbitration close is there in agreement is it right? or the civil court has the power to exercise such matter or notice need not to be given after expiry of the agreement, Whats your opinion sir.
Devajyoti Barman
(Expert) 03 June 2012
Before the termination of lease by efflux of time ,any notice sent by the lessor would be pre-matured and no suit could be filed on the basis of it.
However such notices should be sent only to express the willingness not to renew the lease. For suit one needs t send notice only after expiry of the lease.
ajay sethi
(Expert) 03 June 2012
azhar
notice can only call upon lessee to vacate the premises on termination of lease . if lessee fails to vacte then only legal proceedings are maintanabale
in present case lease agreement specigfically provided that in event of disputes matter be referred to arbitration . in such acase instead of filing of suit you ought to have invoked arbitartion clause .
