lease
shubh chandrika
(Querist) 03 November 2009
This query is : Resolved
Dear Experts,
the case is as follows:
A is a builder. he leased his plot to B (an IT company). the terms of agreement were that B would occupy the leased property in future when the building would be constructed and would pay the rental charges therefrom.
but, after the stipulated time, when the building was constructed, B relinquished his right to the leased property by signing a relinquishment deed and payed consideration as damages to A.
but now A has contended in the Court that it has been a violation of the agreement.
but, B has already by way of relinquishment deed, paid A consideration in the form of damages by free consent of both A & B.
how can B maintain his case in the Court regarding this?
i shall be requesting the Hon'ble Court for an injunction through specific relief act on grounds of apprehension that A may sell that property to some third party before the case is sorted out in regard to the agreement (A had promised B that unless the agreement is sorted out , B shall have right to the Property as the lessee).
Also I wil be adding on "future Promise as consideration" to prove the agreement between my client B and A as a valid agreement. is it correct?
A V Vishal
(Expert) 03 November 2009
In my view the basic agreement itself is void in ab initio.
Raj Kumar Makkad
(Expert) 03 November 2009
The agreement cannot be termed as void ab initia rather B has definitely violated the contract. He cannot relinquish his right premature. Better file a suit for specific performance and get executed the vilated part of the agreement but send notice to him ptior to filing of the suit.
A V Vishal
(Expert) 03 November 2009
29. Agreements void for uncertainty .– Agreements, the meaning of which is not certain, or capable of being made certain, are void.
A V Vishal
(Expert) 03 November 2009
Shubh
Can you give the details of your case?
sanjeev murthy desai
(Expert) 04 November 2009
Dear Shubh.
Your querry completely not cleared, its create lot of confusions as follows.
1. Lessee got possession after the construction that property?
2. What rights Lessee relinguished in favour of Lessor?
3. If Leasee terminated the said Agreement what is the status of consideration of amount?
Any party may terminate the said agreement before its concluding? Now, A is contending that it is violation of contract.
Ans: Its depend upon their termination clause in that Lease Agreement otherwise he can challange.
has B violated the contract?
ANS:It is also depend upon the said Lease Agreement.
Can B relinquish his right to the leasehold property before the concluding of the period of lease?
ANS:Yes off course he can but he should be as per termination law mention in the said Lease Agreement.
is a contract or agreement to act in future viodable by any party?
ANS: No.
