Compentent authority under leave and license agreement
HIRAL THAKKAR
(Querist) 28 September 2012
This query is : Resolved
A LL Agreement was stamped and registered. The licensee thereafter failed to pay license fees and left the premises without payment of license fees and also did not removed articles.
Is MAHADA a competent authority whom I can approach for adjucation of eviction and removal of articles
HIRAL THAKKAR
(Querist) 28 September 2012
the agreement includes arbitration clause!
R.K Nanda
(Expert) 28 September 2012
go for arbitration.
ajay sethi
(Expert) 28 September 2012
where are you located . you have to make application to competent authority under section 24 of mahrashtra rent control act 1999
Section 24 of the said Act reads thus: "24. Landlord entitled to recover possession of premises given on licence on expiry.---(1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises 19
to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of licence, by making an application to the Competent Autority, and, the Competent Autority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.
(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence and continues to be in possession of the licensed premises till he is dispossessed by the Competent Autority shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.
(3) The Competent Autority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of licence.
in case agreement contains arbitration clauses disputes have to be referred to arbitration as per said clause
Rajeev Kumar
(Expert) 28 September 2012
Ajay has well guided you follow his advice.
prabhakar singh
(Expert) 29 September 2012
You should move to competent authority under act and should ignore the arbitration clause.
HIRAL THAKKAR
(Querist) 29 September 2012
Sir(s),
The Licensee has left abroad and has not paid any rent, just kept security deposit.
My Question
Can Licensor forfeit the security deposit and licensor should approach whom for removal of his articles.
Who is the Compentent authority under the Bombay Rent Act
HIRAL THAKKAR
(Querist) 29 September 2012
Can the licensor approach MAHADA as a competent authority under the Rent Act
ajay sethi
(Expert) 29 September 2012
forfeiture of securitydeposit would depend upon termss of leave and licnese . if agreement contains a arbitration clause it is binding between parties . you cant approach MHADA
Raj Kumar Makkad
(Expert) 30 September 2012
Nothing to add in the wise advice of ajay.
HIRAL THAKKAR
(Querist) 05 October 2012
NATRAJ STUDIOS (P) LTD.
Vs.
RESPONDENT:
NAVRANG STUDIOS & ANR.
DATE OF JUDGMENT07/01/1981
BENCH:
REDDY, O. CHINNAPPA (J)
BENCH:
REDDY, O. CHINNAPPA (J)
PATHAK, R.S.
ISLAM, BAHARUL (J)
CITATION:
1981 AIR 537 1981 SCR (2) 466
1981 SCC (1) 523 1981 SCALE (1)62
ACT:
Bombay Rents, Hotel and Lodging House Rates Control Act 1947-Sections 5 and 5A and 28-Scope
of-Exclusive jurisdiction to try suits under the Act given to Court of Small Causes-Parties, if could confer
jurisdiction on a arbitrator by agreement.
What is the effect of this judgment
HIRAL THAKKAR
(Querist) 15 October 2012
What is address of competent Authority it is a flat under Regd Housing Society and therefore who is competent to deal Registrar of Co-operative Societies or MAHADA and if MHADA where is authority authority sits.
OR Should we approach small causes court directly
