How to get possession of premises leased out to government
Vinay Chitale
(Querist) 25 December 2011
This query is : Resolved
I have leased out ground floor of my house to postoffice on 5 years term which ended in 2009.
In 2009 Postoffice sent me a letter to make new lease deed for a term of further 5 years with revised rent.
After waiting for almost 2 years in a hope that postoffice will renew the lease deed I finally issued them a notice to vacate premises on 21 Nov 2011. (I did it of my own without any lawyer's help)
As per notice post office was supposed to vacate the place by 21st of december but they did not vacated the place.
My question is can I lock the premises ? (As per post office I cannot lock govt office, it an offence)
If that is true what is the solution to this situation ?
Post office can continue on this basis for ever.
Please help.
Thanks And Regards
Vinay
Guest
(Expert) 25 December 2011
Definitely, you cannot lock the premises of a Government office that too, which is in the service of public. Only mutual consent to vacate can work. You can however insist for increase in rent. Try to convince the authorities. You may also check the terms included in the lease deed you signed with the postal authorities.
Nadeem Qureshi
(Expert) 25 December 2011
Mr. Dhingra is rightly explained
Vinay Chitale
(Querist) 26 December 2011
Thank you Mr Dhingra for a real quick advice.
Honestly, I never thought that anybody will reply on the same day as it was christmas plus sunday holiday.
I will definetly keep in mind your advice and act accordingly.
While reading your post I had few queries in my mind
Even after issuing one month notice if I cannot take any action then what is the importance of that notice in this situation. Does that notice has any legal stand ?
Is there any law which supports that act (Issuing notice) or is just a part of process.
Also in the last registered lease deed (which was signed in 1999 for a period of 10 years) post office had agreed to increase rent after 5 years (which was supposed to be in 2004). But they didnot increased it.
Please correct me if my following statment is wrong.
I feel that its a breach of contract and so that lease deed is no more applicable.
So post office is functioning in that place without any valid contract (Can I use word illegally ?) since 2004
Agin is Lease deed law applicable to post office ?
Where do registered lease deed and one month notice stand in this situation and do they have any importance if I cannot take any action based on it ?
Is govt office has more weightage than law ?
I would like to say sorry in advance if any of the wording above is harsh. I simply wrote what came to my mind.
I will really appritiate if I get answers to my queries
Thanks and Regards
Vinay
Guest
(Expert) 26 December 2011
Dear Vinay,
Please recheck the notice period in the agreement, as normally in the lease/ rent agreement by Government offices, particularly by public dealing offices, like a P.O., the notice period is three months.
About other queries, that all depends upon the language of the lease deed or rent agreement, as the case may be. For example about increase in rent, the language of the whole sentence would matter. Suppose, the language suggests that increase in rent may be considered after 5 years with the mutual consent of both the parties, that may not provide you any relief. But, if the clause of rent is in definite terms non-increase of rent, if demanded but not accepted, of course would be breach of trust.
Postal authorities do not hire any premises without entering in to any rent agreement, if not lease deed.
Definitely the Government offices, more particularly the public utility offices like post offices, have more weightage, as they have to make proper arrangements before shifting so that public service may not suffer.
You may, if you like to have some proper advice, can send the scanned copy of the agreement/lease deed at my email ID: [dcgroup1962@gmail.com]
prabhakar singh
(Expert) 26 December 2011
You need to tell where is the office situated?????
The lease initially was a fixed period lease and expired on its own on some date in year 2009 then post office was under obligation to vacate the premises on the fixed date of termination of lease.But they did not do so then it was your duty to give them a 2 months(60days)notice under section 80 of C.P.C.and thereafter to file a suit of eviction.But you did not do so.
Hence from 2009 date on which the lease expired they have become tenant by default month to month.Due to state being unknown it is not clear state rent act protects their tenancy are not.
If state Act does not protect them then their tenancy can be terminated by a notice
to be served under 106 of Transfer of property Act, although the requirement under that section is only one month but to sue the government the requirement to serve notice is two months under section 80C.P.C.
FURTHER THE NOTICE WAS REQUIRED TO BE SERVED NOT ONLY TOPOSTMASTER/SUPERINTENDENT POST OFFICES BUT ALSO TO UNION OF INDIA THROUGH DISTRICT MAGISTRATE OR SECRETARY OF HOME.
YOU STATE YOU SENT NOTICE WITHOUT TAKING SERVICES OF ANY ADVOCATE, THEN I AM SURE YOU DID NOT SEND NOTICE IN MANNER REQUIRED BY LAW.
YOU ARE ADVISED TO CONTACT A LOCAL LAWYER TO SERVE A FRESH NOTICE TERMINATING TENANCY
,DEMANDING ARREARS AND DAMAGES AND EVICTION WITHIN A MONTH FROM RECEIVE OF NOTICE ELSE A SUIT OF ARREARS,OF RENT,DAMAGES, EVICTION AFTER PASSING TWO MONTHS[60DAYS]FROM THE DATE OF SERVICE OF NOTICE.
HENCE CONTACT A CIVIL LAWYER DEALING TENANCY LAW CASES ALSO.
PLEASE DO NOT WASTE TIME ANY MORE HERE .ACTION IS REQUIRED ON YOUR PART IN LAWFUL WAY AND NOT GOSSIP.
ONE CAN NOT FORCEFULLY EVICT ANY BODY OUT OF HIS POSSESSION EITHER HE IS A GOVERNMENT OR PRIVATE PERSON.
