Lease deed cancelling
rakesh
(Querist) 19 February 2013
This query is : Resolved
HELLO SIR, MY QUESTION IS IN REGARD OF CANCELLING LEASE DEED BEFORE TIME .
SIR I AM RUNNING COUPLE OF EDUCATION INSTITUTION IN NEAR BY HYDERABAD, RECENTLY 7 MONTHS BACK I HAD LEASED ONE OF MY SCHOOL FOR SACK OF 5 YEARS DUE TO HEALTH PROBLEM TO 2 PERSONS ONLY, WITH FOLLOWING POINTS.
1)THE LESSEE SHALL FOLLOW ALL THE RULES, REGULATION, ETHIC AND CODE OF CONDUCT AS ISSUED BY THE CONCERNED DEPARTMENTS OF GOVERNMENT FROM IME TO IME ISSUED UNDER PROVISION HEAREIN STIPULATED AND EMPOWERED BY STATE AND CENTERAL GOVERNMENT.
2)THE LESSEE AGREED HAT HERE SHALL BE NO CHANGE IN THE NAME OF SCHOOL DURING THE LEASE PERIOD AND SHALL APPROACH NO AUTHORITIES FOR THE EFFECT OF THE SAME.
3)THE PREMISES BEING LEASED FOR RUNNING THE ABOVE SAID SCHOOL ONLY.
4) THE LESSOR AND LESSEES HEREBY MUTUALLY AGREED THAT IF LESSEES FAILS TO PAY THE RENT CONTINUOUSLY FOR TWO MONTHS THIS LEASE DEED ITSELF STAND AS CANCELLED AND LESSEES VACATE THE ABOVE SAID PREMISES WITHOUT ANY PRIOR NOTICE FOR WHICH LESSEES HAVE ACCEPTED THE SAME WITH THEIR OWN FREE WILL AND CONSENT WITHOUT ANY FORCE AND COERCION.
5)THE LESSEE SHALL NOT USE HIS RIGHT OF MANAGEMENT TO OBTAIN ANY CREDIT FACILITY. THE LESSEE SUBMITS THAT HE SHALL NOT SUBLET THE ABOVE SAID PREMISES OR ALL RIGHTS ACQUIRED BY THE LESSEE BY VIRTUE OF THIS LEASE AGREEMENT.
6) IF ANY MANAGEMENT ISSUE ARISE DURING THE CONTRACT PERIOD SUCH AS ACCIDENTS SERVER PUNISHMNETS PORAL OBLIGATIONS SHALL BE DEALT AND LESSEE SHALL BE HELD RESPONSIBLE.
7) THE LESSEE SHALL PAY THE COST OF AMENITIES IN ABOVE SAID PREMISES SUCH AS WATER BILL CURRENT BILL AND OTHER AMENITIES IF ANY. THE PROPERTY TAX SHALL BE BORN BY THE LESSEE ON THE NAME OF THE SCHOOL ONLY.
8)THAT THE LESSEES HEREBY UNDERTAKES THAT IF LESSEES FAILS TO FULFILL THE CONDITIONS OF THIS LEASE DEED THAT THE LESSOR IS HAVING RIGHTS TO CANCEL THE SAID LEASE DEED AND LESSEES SHALL VACATE THE SAID PREMISES WITHOUT ANY PRIOR NOTICE.
THIS ALL POINTS HAS ADDED IN THE LEASE DEED, THIS LEASE DEED IS NOT REGISTERED IT HAS BEEN NOTARY ONLY. IN THIS MEAN TIME MY LESSEES HAS PUBLISHED A BOOK WHICH TELLS THAT HE HAD AQUIRED THE SCHOOL UNDER HIS EDUCATION INSTUTE AS HE GOT SOME MORE INSTUTE OUTSIDE THE CITY. FROM THIS RESULT I AM FEELING THAT HE MAY WANT TO OCCUPY THE SCHOOL SO PLEASE GIVE ME AS SEGGISION WETHER CAN I CANCEL THIS LEASE DEED .
prabhakar singh
(Expert) 19 February 2013
An unregistered lease for a period more than
364 days is invalid.
No dejure relation is established by such unregistered leases.However the lessee is treated a defacto month to month tenant.
Such a lease can be terminated by land lord
after serving a notice under section 106 of the Transfer of Property Act, to vacate and asking to pay rent dues, if any, to gather with damages for wrongful use and occupation,where after lapse of a calender month(30 days),a small cause summary suit of eviction and realization of arrears can be filed in case lessee does pay heed to the notice served upon him.This notice is must.There can not be covenant in lease against it.So ignore covenant 4 and serve the notice and proceed.
Better get in touch of a civil lawyer dealing these matters.
R.K Nanda
(Expert) 19 February 2013
contact local lawyer.
Rajeev Kumar
(Expert) 19 February 2013
Prabhakar sir have aptly resolved your query.
Devajyoti Barman
(Expert) 19 February 2013
Give a notice and file a suit for eviction.
rakesh
(Querist) 20 February 2013
thanks sir,s if possible please refer any lawyer from Hyderabad ,
ajay sethi
(Expert) 20 February 2013
search in LCI data base for lawyers in Hyderabad
Raj Kumar Makkad
(Expert) 20 February 2013
You need specific personal advice which is possible only by approaching a local competent lawyer so do that.
