lease deed

Querist : Anonymous (Querist) 10 September 2010 This query is : Resolved
a lease deed was signed in 1993 but not renewed afterwardsthe lessess were paying same rent till date even though there was a clause in deed that 25% increase in rent, if lesseess keep the buliding after lease period. Can lessor clain 25% enhanced rent now?

the bulding was given to Haryana Revenue Depat. who sublet the same to Haryana Woman development board and now Haryana Woman development board has signed a new lease deed with lessor.

from whom can the owner cliam 25% enhanced rent due from 1993-2009??.

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M/s. Y-not legal services (Expert) 10 September 2010
the current lease deed (between haryana women development board and the lessor)only valid lease deed.. that deed's contents only stands in front of law.. if you mentioned any enhance with this current deed mean you are liable to claim from haryana women development board.

Vinoba (Expert) 10 September 2010
Sir,
Your query is ambiguous as to the period of the lease deed {number of years}. It is not necessary for the lessee and the lessor to renew the lease which was already executed in the year 1993, if the same was executed for 11 months. When the Lessor accepts the rent for the 12th month without renewal of agreement, then it is implied that the lessee/tenant continues to be a lessee/tenant by holding over. If your lease deed is executed for more than 11 months, then it is mandatory on the part of the lessor and lessee to register the lease deed on payment of appropriate stamp duty.
You can always get the enhanced rate of rent at 25% as per the recitals of your lease deed. But you can claim that enhanced rent only from Haryana Revenue Department who is supposed to be original lessee. Sub-letting as per rent control laws is not permissible and therefore you have to approach only Haryana Revenue Department for claiming the enhanced rent.
The Execution of fresh lease deed in favour of Haryana Women Development means that you can claim enhanced rent at the rate of 25% if it is recited in the deed for subsequent renewals only.
L. Vinoba
Advocate

s.subramanian (Expert) 10 September 2010
I agree with Mr.Vinoba.

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