Lease of a fix term how to be determined
mintu
(Querist) 14 September 2010
This query is : Resolved
Sir,
Following are the relevant facts of the case:
Lessee, a reputed bank, entered into a lease for a period of 10 years with20% increase in rent after every 3 years Lessor, a limited company to use demised premises to carry on business of banking in all its form.
There is a clause in the said lease as follows:
"The Lessee shall be entitled to determine the lease during the continuance of its period by giving 3 months notice to the Lessor and on the expiry of the period of such notice the Lessor shall take possession of the demised premises and the Lessee shall not be liable for any future rent."
More than 6 years of lease period i.e. 10 years have been passed.
Now the Lessor wants to cause to vacate the demised premises.
Can he do that?
Daksh
(Expert) 14 September 2010
Dear Mintu,
Admittedly by virtue of the referred clause the lessor has to put the lessee to three months notice for the purposes of getting vacated the premises.
Further it is to be clarified that after fulfilling the requirement of three months notice alone the lease shall stand determined.
Best Regards
Daksh
mintu
(Querist) 14 September 2010
Dear Daksh
Thanks for your valuable opinion but please see the clause it is lessee who has the option to determine the lease by giving 3 months notice to Lessor
But
I am for Lessor, for which there is no clause to the effect of determination of lease.
Your further opinion is awaited
Devajyoti Barman
(Expert) 14 September 2010
It appears that the lease is still subsisting after the expiry of the initial term of 10 years it s still continuing and the same is a new lease without being governed by the terms and condition of the said lease deed.
Anyway , for eviction you could do anytime by giving a 30 days time as embodied in section 106 of TP Act.
R.Ranganathan
(Expert) 14 September 2010
You can determine the lease by giving notice to the lessee but the main issue will be for what purpose you want it. Otherwise the Rent control courts will not grant you the order of eviction if the lessee is continuing in the property.
s.subramanian
(Expert) 14 September 2010
Yes. I agree with Mr.Ranganathan. You must show a valid reason for eviction before the courts,if the bank does not vacate on its own.
mintu
(Querist) 15 September 2010
Dear Ld. members,
The period of lease starts from 01-06-2004 for the term of ten years with 20% increase in rent after every 3 years, paying thereafter unto the Lessor during the said term monthly and proportionately for any part of the month the rent fo Rs.75,900/- per month.
The demise premises is at Delhi
