Lease termination

Anjul Kumar Jana (Querist) 01 March 2014 This query is : Resolved
A has entered into a lease agreement with B for commercial purpose for a term of 5 years at rent of 48000/- per annum. Such agreement was duly redistered before the District Registrar. Thereafter B started abusing of leased premises, installed heavy industrial equipment for which A, the landlord is suffering from the vibration and noise of the equipment as his dwelling house is the adjacnt land of the leased area. Just 3 months passed after execution of Agreement. But within the mean time, A requested B to relocate the said machine, therefater requested through Advocate's Notice but B didn't pay any heed rather B threatened A over telephone as there is no condition mentioned for this type of violation commenced by B.
What should be the procedure to terminate the Lease Agreement between A & B. And also to evict B from that premises what type of Suit (recovery of possession/deed cancellation/declaration and injunction/etc)may be filed by A?

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Guest (Expert) 01 March 2014
A suit could be filed for violation of Agreement and Eviction.Subsequently a Police Complaint could be made for installing a heavy machine un authorised with noise pollution with the help of your friendly neighbors.Consult a good Senior Lawyer

malipeddi jaggarao (Expert) 02 March 2014
Well advised by expert Mr.Narasimha.

Advocate Bhartesh goyal (Expert) 02 March 2014
Yes the lease agreemnt can be terminated on the ground of nuisence and after termination of lease agreement, proceedings for ejectment can initiate against lessee on such ground.

Rajendra K Goyal (Expert) 02 March 2014
Agree with the experts, well advised.

T. Kalaiselvan, Advocate (Expert) 02 March 2014
If the lease agreement conditions appear to be violated or if the lessee is acting beyond the agreement conditions, a suit for eviction can be filed and it is maintainable.

Anjul Kumar Jana (Querist) 04 March 2014
Thanks to Ld. Bhartesh Goyel, Ld. Narasimha and also to Ld. T. Kalaiselvan & others for the advises. But Sir(s) what will be the Suit Value for Eviction Suit and how should I determine. whether injuction order can be prayed u/o-XXXIX, R- 1&2 read with sec. 151 CPC against that Leasee.

Guest (Expert) 04 March 2014
You could get the confirmation of exact suit value from any Friendly Admission Officer in the relevant court and other details also from him after drafting the in principle suit or your advocate could confirm the same

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